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HomeMy WebLinkAbout10-27-2005 Agenda PacketCity of Cape Canaveral REVISED BOARD OF ADJUSTMENT MEETING AGENDA 0 _ ENUE CaII to Order Roll CaII NEW BUSINESS: 0),111(\C.C4\ 1. Motion to Approve the Meeting Minutes of August 29, 2005. 2.\A, Special Exception Request No. 05-08 to Allow a Veterinary Clinic in the C-1 (�n(\, ,�,k Zoning District, Section 23, Township 24 South, Range 37 East, Lots 1, 2, 9 & ‘ a�vha ► 10, B opk �'\(.ohk, kr• k N y um 1/41, Sea � d is)on �`C\hri t St s�P� \� o 1'�St a� ate a '3. p'S"ecial Exception Request No. 05-09 to Allow a Restaurant to Serve Beer & Q�� ,,a\r( Wine at (7802 N. Atlantic Avenue - LaFiesta Restaurant), Section 23, Township \ `"" -0a� 24 South, Range 37 East, Lots 9, 10 & 11, Block 25, Avon by the Sea i ,t . Subdivision - Alice Fusillo, Petitioner. J 5 Election of Chairperson and Vice Chairperson. OPEN DISCUSSION: 111114.)\4 \ sill, meal il$21j �o ,: Novet4,a065 Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221 (48) hours in advance of the meeting. This meeting may include the attendance of one or more members of the Cape Canaveral City Council and/or Quasi -Judicial Board members who may or may not participate in Board discussions held at this public meeting. Special Exception Request No. 05-10 to Allow a Vehicle Rental Facility in the C-1 Zoning District, (Property is Located Just North of Residence Inn and South of Country Inn), Sec. 15, Twp. 24S, Range 37E, Part of Parcel 25.0 - William Stephenson, Petitioner. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com City of Cape Canaveral Board of Adjustment Meeting Minutes August 29, 2005 A Meeting of the City of Cape Canaveral Board of Adjustment was held on August 29, 2005 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Rigerman called the meeting to order at 7:30 P.M. The Board Secretary called the roll. MEMBERS PRESENT: Marilyn Rigerman Earl McMillin Robert Laws Connie McKone Paula Collins OTHERS PRESENT: Susan Chapman Todd Peetz Anthony Garganese Robert Hoog Bea McNeely Leo Nicholas Chairperson Vice Chairperson Board Secretary City Planner City Attorney Mayor Pro Tem Ex-Officio Member Planning & Zoning Board Member All persons giving testimony were sworn in by Anthony Garganese, City Attorney. NEW BUSINESS 1. Motion to Approve the Meeting Minutes of July 25, 2005. Motion by Robert Laws, seconded by Connie McKone, to approve the meeting minutes of July 25, 2005. Vote on the motion carried unanimously. 2. Special Exception Request No. 05-04 to Allow On Premise Consumption of Alcoholic Beverages in the C-1 Zoning District (105 Lincoln Avenue) — Tracy Rac, Commander, Designated Agent for American Legion Post 348, Inc., Petitioner. Tracy Rac, Petitioner, testified that the American Legion Post 348 moved to 105 Lincoln Avenue. She advised that the American Legion is a veteran's organization that holds meetings and functions. They are requesting permission to serve alcoholic beverages to their members to raise funds for their programs and pay expenses. She further testified that there is no dining area, and no future plans for a dining area. She advised that their maximum occupancy load is 42. She verified that the bar is restricted only to members and their families. Board of Adjustment Meeting Minutes August 29, 2005 Page 2 Todd Peetz, City Planner, verified that he filled out the application worksheet. Chairperson Rigerman questioned items 3 & 7 of the application. Commander Rac verified that the property is buffered from residential to the east with a chain link fence and vegetation. Todd Peetz verified that all requirements are met with distance requirements from schools, playgrounds, churches, and parks. Chairperson Rigerman questioned why the distance map was not included in the packet. Todd Peetz responded that it was not required in the past. The Board members disagreed. Todd Peetz advised that the application was being updated and he would include that addition as a requirement for submittal. He further advised that the special exception is allowed as per Section 110-171 (a)(2)(d) and Section 110-334 (c)(6) of the City Code. The Board members reviewed the specific code sections. Brief discussion followed. Motion By Robert Laws, seconded by Earl McMillin to approve Special Exception Request No. 05-04, consistent with the provisions set forth in City Code Sections 110- 171 (a)(2)(d); and 110-334 (6)(c). Vote on the motion carried unanimously. 3. Special Exception Request No. 05-05 to Allow Extension of Area to Serve Alcoholic Beverages (1000 Shorewood Drive, Cape Caribe) — Ron Jon Hospitality, Inc., Designated Agent for Cape Caribe Association, Inc., Petitioner. Jack Kirschenbaum, Attorney, clarified that he was the legal counsel for the applicant. He further clarified that Cape Caribe Association, Inc., is the property owner, and Ron Jon Hospitality, Inc., is the tenant. He showed a map of the property depicting the location of the original special exception and area of the expansion. He explained that the request was to expand the boundaries to allow serving and consumption of alcoholic beverages around the pool deck area. He clarified that the pool area is not open to the public. He answered the comments from letters written by property owners within a 500 ft. radius. Todd Peetz, City Planner, advised that there was adequate parking for the expanded use. Motion by Earl McMillin, seconded by Robert Laws to grant the request for expansion, within the pool area, as outlined on the exhibit presented by the applicant. Vote on the motion carried unanimously. 4. Reconsideration of a Condition: Special Exception No. 05-02 (Sea Shell Cav Townhomes) — All Shores Construction & Development, Inc. / James E. Morgan, Petitioner. James Morgan, Petitioner, testified that the condition placed on his granted special exception does not work for this project. He further testified that he has tried to make it work with the assistance of Todd Morley, Building Official and Todd Peetz, City Planner. He commented that this was the first application that has been denied access on N. Atlantic Avenue. He verified that he has obtained a road cut permit from the County. He noted that the two units accessing N. Atlantic Avenue are Tess of a traffic impact than a commercial site or a 100 unit project. Board of Adjustments Meeting Minutes August 29, 2005 Page 3 Discussion was held regarding traffic conditions on N. Atlantic Avenue. The Board members requested a copy of the most recent traffic study from the City Planner. Earl McMillin commented that the City Council was doing nothing about the traffic conditions on N. Atlantic Avenue. Robert Hoog, Mayor Pro Tem, responded that the City Council is actively working on correcting the traffic problem on N. Atlantic Avenue. Motion by Earl McMillin, seconded by Robert Laws, to grant the reconsideration and rescind the condition that all units shall be accessed on Seashell Lane. Vote on the motion carried unanimously. There being no further business the meeting was adjourned at 9:27 p.m. Approved this day of , 2005. Marilyn Rigerman, Chairperson Susan Chapman, Board Secretary • Meeting Type: Board of Adjustment Meeting Date: 10/24/05 AGENDA REPORT BOARD OF ADJUSTMENT THE CITY OF CAPE CANAVERAL AGENDA Heading Special Exception 05-08 Item No. #2 SUBJECT: Special Exception Request 05-08 to allow a veterinary clinic, Atlantic Animal Clinic DEPT./DIVISION: Building Department Requested Action: Consider recommendation for approval by the Planning and Zoning Board for a veterinary clinic. Summary Explanation & Background: a special exception for a veterinary clinic. They This requires a special exception. The applicant is the Atlantic Animal Clinic, they have requested wish to relocate their existing business one block north. Exhibits Attached: #1 Application, #2 Legal description and owner related information, #3 Applicant information regarding the special exception, #4 Notification to surrounding property owners, #5 staff reports and comments on the special exception. City Planner's Office Department City of Cape Canav( 1 � Building Departmem*INz on (Please Print Legibly or Type) CICE1� DATE FILED 8—Iri`05 11,14'FEE PAID OV frece5 ' DEPOS e97 1 RECV'D BY: S4C ($250.00 Filing Fee is non-refundable) N 5.11 8 (kQC 'ea 7. duck ctrnewk t1615 • R5) NATURE OF REQUEST Special Exception is for what purpose (Brief Description) To allow Veterinary Clinic in C-1 Zoning Address of request (if applicable) Legal Description: Lot 1, 2, 9,10 Block 36 Parcel Subdv Avon by the Sea Section 23 Township 24 Range 37 STATEMENT OF FACT: State of Florida, County of Brevard; I Christine M. Storts," being duly sworn, depose and say that I am the property owner. ✓ I am the owner(s) designated agent. (notarized authorization required) Owner(s) Name(s): Wexford, Inc. and Michael Barry Address: 811 N. Atlantic Ave; Cocoa Beach, FL 32931 & 1100 Atlantic St., Melbourne Beach, FL 32951 Home Phone Work Phone E-Mail Applicant(s) Names(s): Christine M. Storts, DVM Address: 212 Fillmore Avenue, Cape Canaveral, FL 32920 Home Phone (321) 783-7188 Work Phone (321) 784-4248 E-Mail CStortsD@aol.com All information, sketches and data contained and made part of this request, are honest and true to th9. best of my knowledge and belief. e &LU Signature of Applicant Sworn to and subs9 .e• i -fore me on this oikd. y of Ntary Public, State of F orida ,,ytiK:: ►iy U RONI M. BAUER MY COMMISSION # DD 211018 EXPIRES: "g'dt• ''' Bonded Thru Notary Public Underwriters he completed request form and the $250 filing fee must be filed as follows: Requests for Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board Meeting; Request for Telecommunications Towers, require a minimum of sixty (60) days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the Planning & Zoning Board. (A deposit may be required per Section 110-92 ) P:105-00591Application Special Exception.doc CV City of Cape Cana` 'tl APPLICATION Fo11 SPECIAL EXCEPTION This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60) days for Telecommunications Towers) prior to the next regularly . scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The • Planning & Zoning Board holds regular meetings on the 2nd and 4th Wednesdays of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any questions, please contact the Building Department at (321) 868-1222. 1. NAME OF APPLICANT(S) Christine M. Storts, DVM ADDRESS (if assigned) PHONE # (321) 427-2262 FAX # (321) 784-4340 E-MAIL CStortsD@aol.com 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: LOT: 1, 2, 9 & 10 BLOCK: 36 SUBDIVISION: Avon by the Sea PARCEL: 24 - 37 -'23 - CG - 00036.0 - 0001.00 & 0009.00 SIZE OF SUBJECT PROPERTY IN ACRES: 0.57 SECTION: 23 TOWNSHIP 24 RANGE 37 DESCRIPTION: Avon by the Sea, Block 26, Lots 1, 2, 9 & 10, Plat Book 0003, Page 0007 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2) Article VII Section 110-334 4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-1, R-2, M-1 ETC.) C-1 6. PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE: (a) Adequate ingress and egress may be obtained to and from the property, with particular reference to automotive and pedestrian safety and P. 105-0059IApplication Special Exception.doc convenience - -iffic flow and control, and emergs / access in case of fire or medical eirnergency. (b) Adequate off-street parking and loading areas are provided without creating undue noise, glare, odor or detrimental effects upon adjoining properties. (c) Adequate and properly located utilities are available or may be reasonably provided to serve the proposed development. (d) Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoining properties. (e) Signs and exterior lighting, if any, will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties and will be permitted and in compliance with all adopted codes and ordinances. (f) Refuse and service areas, with particular reference to the issues relating to (a) and (b) above. (g) Required setbacks and other open space. (h) Height. (i) Landscaping. (j) Renewal and/or termination dates relating to a lease, if applicable. (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility. PLEASE NOTE: In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to ensure conformity with the foregoing. STATE REASON FOR REQUEST (attach additional sheet if necessary): To allow Atlantic Animal Clinic to relocate their existing clinic to the subject Property (Zoned C-1) and construct a new 4,060 sq.ft. clinic. P:105-00591Application Special Exception.doc THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLETE THIS APPLICATION: *Paid receipt from Finance Department for $250.00 Application Fee. * Paid receipt from Finance Department for Deposit, if applicable. (Make checks payable to the "City of Cape Canaveral') A listing of legal descriptions of all properties within a 500 ft. radius of the boundaries of the property contained in the request, together with the names and mailing addresses (including zip codes) of all respective property owners within the above referenced area. Include three (3) complete sets of mailing labels of all property owners within a 500 ft. radius. (This can be obtained from the Tax Assessor's Office.) The list shall be legible and the source of the information submitted stated here: This information was obtained from: Tax Accessor's Office A property map showing properties within the 500 ft. radius, clearly outlining the subject property. The Location map showing adjacent properties uses, zoning, streets, driveways, canals and utilities. 7. Where Property is not owned by the applicant, a Power of Attorney must be attached giving the Notarized consent of the property owner to the applicant to request the Special Exception. 8. Copy of recorded deed to subject property. 9. Completed worksheet. 10. If applicable, elevation drawing(s) or photograph(s) of proposed structure(s) are encouraged. • NOTE: Application fee of $250.00 is non-refundable upon payment to the City. • NOTE: Any balance from required deposit will be returned to the applicant upon written request minus all associated costs. P:105-00591Application Special Exception.doc Prepared by" Kathleen DeLarmi Security First Title Partners of S. Brevard, LTD. 600 Sarno Road, Suite 20 Melbourne, Florida 32935 File Number: SB04406 TIII1I1I]IfI 11111 CFN.2004260 73 08- 2004 0 43 am OR Book/Page: 5347 / 1291 Scott Ellis Clerk Of Courts, Brevard County #Pgs: 1 #Names:2 Trust: 1.00 Rec: 9.00 Serv: 0.00 1,400.00 Sxclse:0.00 Mtg: 0.00 Int Tax 0.00 General Warranty Deed Made this August 5, 2004 A.D. By Gerald F. Sale, a married man, , hereinafter called the grantor, to Michael Barry, whose post office hereinafter called the grantee: address is: 11 nn nTZ,AuTIC STRFF'T-,MELBOLURNE—BEAC117—rL (Whenever used herein the tenn'grantor* and "grantee" indude all the parties to this instrument and the heirs, legal representati1 ves and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto thegrantee, all that certain land situate in Brevard County, Florida, viz: Lots 9 and 10, Block 36, AVON BY THE SEA, according to the plat thereof, as recorded in Plat Book 3, Page 7, of the Public Records ofrevard County, Florida. Said property is not the homestead of the Grantor(s) under the laws and constitution of the State of Florida in that neither Grantor(s) or any members of the household of Grantor(s) reside thereon. Parcel ID Number: 24-37-23-CG-00036.0-0001.00 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2003. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: l tilit C c0A at/74 / Witness Printed Name /(a I e e r r 1, / 111 ZI t Witness Printed Name / .J I I) • MIA IA State of Florida County of Brevard Gerald F. Sale Address: Address: (Seal) (Seal) The foregoing instrument was acknowledged before me this 5th day of August, 2004, by Gerald F. Sale, who is/are personally known to me or who has produced as ) id merlo/iZe No(6ry Public Print Name: ' Kathleen Detarml : e MY COMMISSION r DO 261325 EXPIRES: November 8.2007Bonded Bonded Thu Nay, Pudic Ik UMenrMrs DEED Individual Warranty Deed With Non•Homestead-Legal on Face Closers' Choice My Conunission Expires: STATE OF FLORIDA, COUNTY I HEREBY CERTIFY that the above and f true coof, the original filed i0 this office SioOTT-ELLIS, C)grk Circuit a BREVARD regoing is a unty Court �a� Owners Michael Barry 1100 Atlantic Street Melbourne Beach FL 32951 Tel 321 212 8568 John and Mary Nolan 8961 Lake Drive # 303 Cape Canaveral FL 32920 Tel 321 783 7492 To: The City of Cape Canaveral Re: Sale and Purchase of land Lots 1,2,9 and 10,Block 36, AVON BY THE SEA as contained in Plat Book 3 Page 7 of The Public Records of Brevard County, Florida, Buyer: Dr Christine M Storts 7510 N Atlantic Ave Cape Canaveral FL 32920 Tel 321 784 4248 August 8, 2005 To Whom it concerns, We as owners of the above mentioned property, certify that we have appointed Dr Christine M Storts, Doctor of Veterinary Medicine, to act as agent in the process of requesting an exemption, as per the Zoning Requirements of the City of Cape Canaveral. I f any more information is needed to further assist this process please contact any of the owners and we will only be too willing to help. Signed,', Michael Barry - � / n _"1 John Nolan Mary S Nolan A/c4` ROGERN��.N ER & EEHREENNS MBA COMM Empires tint/nos Bonded tau Assn.. Inc EXHIBIT ATLANTIC ANIMAL CLINIC COMPUTER FILE DATE: 08/08/05 RENDERING.DWG COPYRIGHT © 2005 STOTTLER STAGG & ASSOCIATES #1°111.1 Stottler Stagg & Associates __ Architects Engineers Planners, Inc. 8680 N. Atlantic Ave. Cape Canaveral, FL 32920 PHONE: (321) 783-1320 FAX: (321) 783-7065 www.stottlerstagg.com Proposed Atlantic Animal Clinic Site Existing Conditions _. ..�ai �°.��;6 i� s a, ^�. J-•n. "i �.. _tire Y�CY.'�y. �.:•i�_�'�sS��$... .' �f�sr'.�r v1 . • .. ( . ....,, ,.,,......, ... ) ... , --:� / . ./ .,{• A t 7 'tea..,.• +rn !.. . '} C''' , .I i. • -- l .jV!!, . r1 . N 3 rr Do woo° PHARR 4 DR P>L6SE .I1. F13413 PHA08 V Z67 282 LAKY S11 81 TN RITCHIE AV EXHIBIT ZONING AND 500 FT RADIUS a= COMPUTER FILE DATE: 08/09/05 500 ft zoning I 19 ID) ' 0 Gas 7 13 3. 81 9 6 a 13 314 a 41 6 7 7 .0 14 121 18 V9 14 8 4 3 6 a 8 13 $ 1 4 //Eyy VI 7 - 8 et.3 31111111111E �. 14 �� oAN.orznw f aDeoF Slap -I p -I{114{t1111k 12 iu) q COPYRIGHT © 2005 STOTTLER STAGG & ASSOCIATES 44. 4 .1 Y' 3 8 7. f Jo li 12 iflV 14 15 1CONROE AV 1 3 4 8 R2 6 7 8`J u 1 12 rt_ 2.63 1 14 n -16 - li IV n JACKSON AV 1 8 4 5 a 7 8 9 10 a Pd � 3if 18 SON AV' t 9 8 4. 8 87 e 9 10 11 37 R2 13 14 15 AV g ,- g 4 R2 8 8 7 8 . 8 0 42 13 N 16 POLK AV R2 1 47 TAYLOR AV 8 3 ro u 3 a. 8 8n. 9 P.SAN GA]!][ CONI Stottler Stagg Bc Associates 0, Architects Engineers Planners, Inc. 8680 N. Atlantic Ave. Cape Canaveral, FL 32920 PHONE: (321) 783-1320 FAX: (321) 783-7065 www.stottlerstagg.com ATLANTIC ANIMAL CLINIC DEMO TREES OAK 18" PALM 14" 12" 12" 14" 101 12" 12" 10" 14" 8 12" 12" 8 TOTAL = 18" 150" HVJ SIGN t.r Z F3OX ORCE IN ,ONTIIOil B0X z ASPH PAVEMENT / GA \ TRAFFIC MONITOR BOX HARRISON AVENUE ASPH PAVEMENT — — — \ 2' "M!AM!" 7-- X .m 34" ' AK LOT 1, BLff 36 Ab ON - BY -THE -SEA RG 7 REMOVE DOSING TREE (TYP.) LOT 9, BLK 36," AVON-BY-THE-SEA PB4,15G4 /\ LOT 10, BLK,36 V0N-BY-THE-S CURB 36" OA.K R PA1.Gs1- 3)16°/ PALA, P .LM X LOT 2, BLK 36 AVON-BY-THE-SEA , m 1B 2,-PG 7 Xitt2- AL -�> 1 a / \ / 0r t ur.w� i2,, ')/Al. r>A. SUP O. / �` DHW co M 14" P.ALM i 10" F' rf 3 A PB 3, PG 7 , N^ 2 � " OAK \ \ I� i rei / .L ` �J \ 1'omm z0 / // r'`_ 2\1" OAK\/ %O " P a.i 0" OAK / 3 ''yr II 1 2" Xi6A:' • / PLM �i+a :.t �- �2 w4�PMl 12" 7PIAL��1 v1 AL ' \ Q j .10" PAC? \\\ I OONCssi — — OHW EXHIBIT DEMOLITION PLAN COMPUTER FILE DATE: 8/9/05 DEMOEX.DWG COPYRIGHT © 2005 STOTTLER STAGG & ASSOCIATES w L o CURB �<,SPH PAVEME '�-,S *I,AH M A 7 1VLE-R�AVENUE �. _. -- SAW -Ltrr AND iEMOSO 'ter— -EXIS77NG--CONc1 7E—SIDEWALK Stottler Stagg & Associates J/ ffimmwm Architects Engineers Planners, Inc. 8680 N. Atlantic Ave. Cape Canaveral, FL 32920 PHONE: (321) 783-1320 FAX: (321) 783-7065 www.stottterstogg.com City of Cape Canaveral August 19, 2005 NOTICE OF PUBLIC HEARING TO -THE ADJACENT PROPERTY OWNER(S): Special Exception Request #05-08 Notice is hereby given by the City of Cape Canaveral, that Christine M. Storts, DVM of 212 Fillmore Avenue, Cape Canaveral, FL 32920 has requested a Special Exception To Allow a Veterinary Clinic in the C-1 Zoning District, pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110-334(C)(1) for the property described as follows: Legal Description: Vacant Property Located at Township 24, Range 37, Section 23, Subdivision - Avon -by -the -Sea; Lots 1, 2, 9 and 10, Block 36 (Cape Canaveral, FL 32920) In accordance with the City Code of Ordinance No. 18-2002, this letter shall serve as notice that there will be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted above. The meeting will be held on Wednesday, September 28, 2005, at 7:30 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL. The Planning & Zoning Board is advisory in nature and will make a recommendation to the Cape Canaveral Board of Adjustment with respect to the above -named property. The final administrative approval or denial will come before the Board of Adjustment at a subsequently scheduled meeting. Since your property may be located within 500-feet of this property comments can be made in person or may be submitted in writing at the Planning and Zoning Board Meeting or to the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920. If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter considered at this meeting, that person will nced a record cf the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Cleric's office (868-1221) 48 hours in advance of the meeting. i • Susan Stills, CMC �„ i JACKSON AV City Clerk R . Id i,k, 1, i• • CARVER ST S VS L W!i6 POST RO RRCRE AV „� "jj.4„IR • KMRLSORAV i E / 1 I = I.IKi,.ie' F fixwv L_ • II 1 • lei " •. DL TAYLOR AV _ 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com RADIUS MAP GOLLIWOG OR LORD row RD 7NINAL DR ►- r MUNCH LA e m APPLICANT NAME(S)/ADDRESS; STORTS, CIIRISTINE, 784-4248 J 1 l COMER a. n NT 8 W OWNER NAMES)/A➢DRESS MICHAEL BARRY and WEXFORD, INC. 1100 ATLANTIC ST, MELBOURNE BEACH, FL 32951 PL.d.noz -.macro 1 a, ar °1VI5 .I. sa UNE 1 ADAMS AY 361106011 AY RAOD30tl AY MON= Al e4 sa n n 7ABBON A► 4 I n Brevard County Property Appraiser. Jim Ford Based on data from the Property Appraisers Office MLR AT TAYLOR AY MMAORI AT PDDIC AP DIR9ANAN AP• LWOOIN1 AV This map was compiled from recorded documents and does not reflect an actual survey. The Brevard County Board of Commissioners, Property Appraiser, and Geographic Information Services do not assume responsibility for errors or commissions contained hereon. Produced by: Brevard County Planning & Zoning Office — GIS, August 04, 2005 roorJoo-l.emp I I I11 OAGD9011 AP FIE BUFFER DISTANCE 500 FEE YAP SCALE IS L:6000 (one inch = 500 feet) ;° `f N LEGENII Notification buffer Parcel/lot boundaries Numbers on map correspond to mailing list jlv City of Cape Canaveral Special Exception Atlantic Animal Clinic Applicant: Atlantic Animal Clinic Location: Range: 37E Township:24S Section: 23 Existing Acreage: .57 Acres Existing 15 DU per acre: Not Applicable Proposed Number of Units: Not Applicable Proposed Density: Not Applicable Current Future Land Use: Commercial C-1 Current Zoning: Commercial C-1 Description: The applicant, Atlantic Animal Clinic is relocating one block north between Tyler and Harrison Avenues on A1A and requires a special exception. North South East West Zoning Cl Commercial Cl Commercial Cl Commercial Astronaut Blvd. (A1A) Comp Plan C 1 Commercial C 1 Commercial C 1 Commercial Astronaut Blvd. (A1A) Existing Conditions Retail Store Existing Atlantic Animal Clinic Residential Astronaut Blvd. (A1A) Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The proposed special exception for the sale of alcoholic beverages will have no burden or negative affect on parks and recreation. A1A is operating at Level of Service "A" with 283 available peak hour trips between North City Limits to Central Blvd. A1A from Central Blvd to North Atlantic has a level of Service is "A" with 325 excess trips. The proposed special exception for the sale of alcoholic beverages will have no burden or negative affect on A1A LOS. This will be further evaluated at the site plan review. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. The proposed special exception for the sale of alcoholic beverages will have no burden or negative affect on wastewater treatment. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. The proposed special exception for the sale of alcoholic beverages will have no burden or negative affect on water. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site has Ga - Galveston urban land complex soil which is well -drained sandy soil that has been reworked. There are no known wetlands, floodplains or endangered species on site.. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The proposed special exception for the sale of alcoholic beverages will have no burden or negative affect on population projections and trends. CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet are two -fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. The subject site is one block north of the existing Atlantic Animal Clinic. At this time it does not appear that the special exception would create an adverse impact to the above requirements,_ 2) Will the Special Exception create any unusual police, fire or emergency services? The proposed development should have no unusual impact police, fire or emergency services. 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? The lot should be able to accommodate the proposed use. Due to the size and location of the property the proposed development should be able to meet the above criteria. This will further be addressed at site plan. 4) Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency? Due to the unique circumstances of the property and to save trees. The applicant is exploring a one way in and one way out from the side streets with no direct access to A1A. . 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? This development meets these criteria. The proposed plan is for a animal clinic facility depicts a one way in and out loading and unloading area for customers. The customers will need to learn where the entrance is and once that is accomplished there should be no problems with circulation. 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? There are a full set of utilities available to serve the subject property. 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? The submitted concept plan proposes to provide screening and buffering. 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? The subject property is located adjacent to the existing animal clinic, it would appear at this time the proposed use would be consistent with the conditions of the existing animal clinic and would not create additional disharmonies with the adjoining properties. 9) Is there adequate refuse and service areas? There is adequate refuse capacity; 10) Do the setbacks, landscaping, and open space meet the requirements of the zoning district? The subject site is capable of meeting setbacks and open space requirements. 11) Is the proposed use compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? The subject property will replace the existing Atlantic Animal Clinic. It is capable of meeting the land development requirements of the code. Traffic generated by the site will be further considered at site plan review. Landscaping and buffering will also be considered at the site plan review. The property has several large trees on site and the applicant has stated they intend on preserving as many of those trees as possible. 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? This special exception request is consistent with the goals, objectives and policies of the Comprehensive Plan. 2 13) Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? This special exception request can meet the requirements for this zoning district found in the land development code. 14) Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 15) Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 3 BUILDING OFFICIAL OR DESIGNEE REVIEW 1. Zoning Amendment 2. Variance 3. X Special Exception 4. Administrative Appeal Contiguous Zoning North South East West C1 C1 C1 C1 CONSIDERATIONS SETBACKS: COVERAGE: LOT SIZE: DENSITY: HEIGHT: Yes MEETS CODE Yes MEETS CODE Yes MEETS CODE Yes MEETS CODE Yes MEETS CODE CODE VIOLATION (Describe) CODE VIOLATION (Describe) CODE VIOLATION (Describe) CODE VIOLATION (Describe) CODE VIOLATION (Describe) ADDITIONAL REFERENCES PARKING LOADING ZONE SETBACKS (A1A Ridgewood/Astronaut) LANDSCAPING NON -CONFORMITIES STRUCTURES LAND USES Code Sect. 110-491 NA NA Applicability Yes No X 110-566-567 X NA NA NA X X NOTE: The Planning & Zoning Board should also review Section 110-47 (1-11) COMMENTS: No additional comments Date Reviewed by Building Official or Designee: Signature: 4 MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: August 19, 2005 RE: Animal Clinic Pre -Application Review I Public Works Department has reviewed the above stated site plan. The Public Works Director has the following comments or concerns: 1. Is the building able to be located about 10 feet south to save an 18" oak? Over this entire plan did an excellent job saving the large oak trees. 2. Reuse Water is available for irrigation. MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: September 15, 2005 RE: Special Exception for Veterinary Clinic Atlantic Animal Clinic I have reviewed the submittal of the special exception review for the above referenced project. My comments/concerns are addressed in the special exception worksheet attached to this item. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City. If you have any questions, please feel free to contact me at 407-629-8880. CZ Oi'Fi s To: Todd Peetz, City Planner From: Shannon McNally, Fire Inspector Re: Storts Animal Clinic Relocation Date: 09/28/05 I have reviewed the plans and have no comment on the relocation of the business. Station #1 190 Jackson Avenue • Cape Canaveral, Florida 32920 (321) 783-4777 • Fax: (321) 783-5398 Station #2 8970 Columbia Road • Cape Canaveral, Florida 32920 (321) 783-4424 • Fax: (321) 783-4887 www.ccvfd.org Planning & Zoning Board Meeting Minutes September 28, 2005 Page 2 Ppi, Lars Holfve, designated agent, verified that currently no one was living on -site. He noted that there has been vandalism since the on -site security stopped. He added that the property is not located around any residential. Motion by Lamar Russell, seconded by Donald Dunn to postpone Special Exception Request No. 05-07 until the October 26, 2005 meeting. Vote on the motion carried nanimously. 3. Motion to Recommend: Special Exception Request No. 05-08 to Allow a Veterinary Clinic in the C-1 Zoning District, Section 23, Township 24 South, Range 37 East, Lots 1, 2, 9 & 10, Block 36, Avon by the Sea Subdivision - Christine Storts, Petitioner. Todd Peetz, City Planner, gave an overview of the request. He advised that the property was located on a vacant lot; the project should meet all the development codes; and a traffic study would be required at the time of site plan submittal. Lamar Russell noted that the special exception at the current location would expire if the property is not utilized for the same use within 12 months. Dr. Christine Storts, Petitioner, testified that _she has been a veterinarian for over 10 years in the community; -the business now has extended hours and is open six days a week to keep up with the demand; the facility needs to be expanded to accommodate the community's needs; the property is located just north of the current location. She verified that there will not be a boarding facility. Jason Schaeffer, a friend of Dr. Storts, answered various questions regarding the submitted conceptual plan. Discussion was held regarding the heavily wooded lot. Mr. Schaeffer responded that the site design saves as many Oak trees as possible; and he anticipated that there will be no problems with curb cuts. Motion by Lamar Russell, seconded by Shawn Schaffner to recommend approval of Special Exception Request No. 05-08 to the Board of Adjustment. Vote on the motion carried u animously. 4. Motion to Recommend: Special Exception Request No. 05-09 to Allow a Restaurant to Serve Beer & Wine at (7802 N. Atlantic Avenue - La Fiesta Restaurant), Section 23, Township 24 South, Range 37 East, Lots 9, 10 & 11, Block 25, Avon by the Sea Subdivision - Alice Fusillo, Petitioner. Todd Peetz, City Planner gave an overview of the request, and verified that this request met all City requirements. He testified that the previous special exception had expired in. May, 2005, and the new restaurant owner would like to re-establish the use; the restaurant has 96 seats, and adequate parking. He depicted properties that have liquor licenses from a City map. Alice Fusillo, Petitioner, testified that she had no intentions to serve full liquor at this time; everything inside the building is the same, only minor cosmetic upgrades. Chairperson McNeely reviewed the criteria worksheet. Brief discussion followed. Motion by Donald Dunn, seconded by Lamar Russell, to recommend approval of Special Exception Request No. 05-09 to the Board of Adjustment. Vote on the motion carried unanimously. Exhibit 8/5/05 Title: Aerial / Location Map Project: Atlantic Animal Clinic No. 05-0059 Scale: NTS By: JSS rill Stottler Stagg & Associates ram Architects, Engineers, Planners Inc. iv" 8680 N. Atlantic Ave. Cape Canaveral , FL 32920 EXHIBIT ATLANTIC ANIMAL CLINIC COMPUTER FILE DATE: 08/08/05 RENDERING.DWG COPYRIGHT © 2005 STOTTLER STAGG & ASSOCIATES Cmilim gArchitects Engineers Planners, Inc. 8680 N. Atlantic Ave. Cape Canaveral, FL 32920 PHONE: (321) 783-1320 FAX: (321) 783-7065 www.stottlerstagg.com Stottler Stagg & Associates J Proposed Atlantic Animal Clinic Site Existing Conditions I 1. rF • .\t • _ i ' • • . . . . . . . . . . . . . . 4- : PxwBE tt ..4ev IV PHASE t 9 4fib PHASE lIt /113ai3 PHASE V 267 £4RVER-3%$ a 275 272 271 270 290 pp q7 44L1 'Ili IltlA .421 'ill 'l #5 ' •c.-•" ••, - ZOOID - HITCHING POST POST •D 281 RITCHIE AV 282 EXHIBIT ZONING AND 500 FT RADIUS 025 12 5 13 7 7 1r31 13 14 3 4 3 6 6 6 7 2 13 q 14 16 16 1 4 6 q 7 MIIL.INI 9 �y CANAVERAlf9ljtS1 1 tg 14` BL70C 'q:M.F�I 1 i'd 9 3 cJ COMPUTER FILE DATE: Q$ 09 Q 500 ft zonin COPYRIGHT © 2005 STOTTLER STAGG & ASSOCIATES 1 2 3 6 7 9 I 10 I 11 12 ;i) 14 16 MONROE AV 3 4 pp5� 6 7 9 10 11 1 12 n 261 P 2 14 15 n.D 16 n JACKSON AV N 1 3 4 6 6 7 I 6 9 t0 t1 2 3A' 16 HARRISON AV t!; e 9 ID 1437I 15 LER AV .. 4 6 6 ? 2 RI 9 JJ Sit 73 14 la O / POLK AV 47 TAYLOR AV P F.44 Ft)! 33 3 9 11 OCEAN PAR. CONI OCEAN PARR CON: Stottler Stagg & Associates Architects Engineers Planners, Inc. 8680 N. Atlantic Ave. Cape Canaveral, FL 32920 PHONE: (321) 783-1320 FAX: (321) 783-7065 www.stottlerstagg.com ATLANTIC ANIMAL CLINIC SCALE: 1" - 40' DEMO TREES OAK 18" PALM 14' 12' 12" 14" 10" 12" 12" 10" 14" 8 12" 12" 8 TOTAL or 18" 150" EXHIBIT DEMOLITION PLAN DATE: COPYRIGHT © 2005 STOTTLER STAGG & ASSOCIATES 8/9/05 COMPUTER FILE DEMOEX.DWG L47- , I TRAFFIC B O X HARRISON AVENUE A FH R \ 'ErME_ NIT ;e4A URh OAK "b \1 8" PA!J4-% 1� 3) 1 6'i PALL / X X LOT 2, BLK 36 / ' — AVON-BY-THE-SEA <c Ki }m ri 1 B ,3, -PG 7 1 m o ' za 2 `r'.AL., —J Q i \I 4" OAK ' LOT 1, BLk 36 �AVON-BY-THE-SEA P. `PIk,3, PG 7 •-- - k__ _ / / v"0, 1Vv- -t1 f 12' il' -- 0E-IW PB 'FG'l PB 3, PG 7 M 10, / 3.1" OAK \ \ \ IH m / \ REMOVE EXISTING TREE (T1'P.) LOT 9, BLK 36 AVON-BY-THE-SEA 1U LOT 10, BLK AVON-BY-THE-S / \ \ \ 1\J I m 4\ \ \ / 1:: Z a- ,L"/r.,t 14 .Mi ., f'ALI A I.-Q �.�,'d �,. /0 OAK I 3 1 I `C^K I/ I / Al tit ' k L ' L!,,1 ' ti m CO N Lai a ►- re; OJ I m N Z 0 t � i Lf tI L I 2f_" OA>, !, 1cJ1 f Asp PP`,'E1lL' ter, �StpAH TYLER'AV,ENUE J~ G/GSThV=NORM-SIDEWALK Stottler Stagg & Associates Architects Engineers Planners, Inc. 8680 N. Atlantic Ave. Cape Canaveral, FL 32920 PHONE: (321) 783-1320 FAX: (321) 783-7065 www.stottlerstagg.com Meeting Type: Board of Adjustment Meeting Date: 10/24/05 AGENDA REPORT BOARD OF ADJUSTMENT THE CITY OF CAPE CANAVERAL AGENDA Heading Special Exception 05-09 Item No. #3 SUBJECT: Special Exception Request 05-09 to allow on -premise consumption of beer and wine, la Fiesta Restaurant DEPT./DIVISION: Building Department Requested Action: Consider recommendation for approval by the Planning and Zoning Board for on -premise consumption of beer and wine. Summary Explanation & Background: The applicant is La Fiesta Restaurant; they have a request for a special exception to serve on -premise beer and wine beverages. This location has had a special exception in the past to serve alcohol, but the time period between owners caused the special exception to expire. Exhibits Attached: #1 Application, #2 Legal description and owner related information, #3 Applicant information regarding the special exception, #4 Notification to surrounding property owners, #5 staff reports and comments on the special exception. City Planner's Office Department City of Cape Canaveral Building Department (Please Print Legibly or Type) ��{{- ach DATE FILEDB--(G - L�J� FEE PAID SQ,(�DEPOSI7*'��D 97 - tog fe RECV'D BY: SL ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST Special Exception is for what purpose (Brief Description) Address of request (if a plicabl) 70p „>44k n+c,tr (D-11 ay-3-r3-cam Legal Description: Lot lock�5 arcel ascwtS bdv, n� Section Township Range ecia l EX6e Fh° ri O5-09 5 (1l0,fir7 6,4,4,1 11-1-Gfilyci lc 1 pnts-tt cT LS0 STATEMENT OF FACT: State of Florida, County of Brevard; I rItiLe M FJS ff'.t..b , being duly sworn, depose and say that: I am the property owner. t/I am the owner(s) designated agent. notarized authorization required) _Owner(s)_Name(s): �[`;i1,�rj'1`i'Etyv}i1 - ----- Address:'5l p j `-N-rt2 C� 93 Hot-- e b i3 --N6 WPKone`-1 �a q 8olt-Mail Applicant(s) Names(s): fL1L6 m TUSUL )) £ ES r C_ Address: l C CI beg LIZ n czc L€ I /YI,t o Lan C f C- . 3 0 o Home e ��-Q i 91 W ork Phone � �'��cE-Mail All info and true 11 rag „aim— war Signature . . pp cant • Swo . to and su • - . ribed before me on this 1 / day of , sketches and data contained and made part of this request, are honest y knowledge and belief. Nota * Pu':. c 'ate P f Florida To-6,1:$a)6,97 The completed request form and the $250 filing fee must be filed as follows: Requests for Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board Meeting; Request for Telecommunications Towers, require a minimum of sixty (60) days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the PIanning & Zoning Board. (A deposit may be required per Section 110-92 ) 2 City of Cape Canaverr " APPLICATION FOR SPECIAL EXCEPTION This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60) days for Telecommunications Towers) prior to the next regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 4th Wednesdays of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any questions, please contact the Building Department at (321) 868-1222. DATE: NAME OF APPLICANT(S) Pktic ADe RESS (if assigned)1130anos w PH E # 1f32 FAX # c5PYlr,t__ E-MAIL 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: LOT: Q-lb-11 BLOCK:_ 1 SUBDIVISION: OJc Qf\ Q 1TtF PARCEL: eal-k 3-4,6- b©o-as, tyDO ' 0O SIZE OF SUBJECT PROPERTY IN ACRES: + 143 SEC_ 1'UON: o 3 TOWNSHIP Q4 S MANGE 3 C DESCRIPTION: gr.f.tAvitpt-Krr 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2) ` r o —1 I C, 4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-1, R-2, M-1 ETC.) CJ 6. PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE: (a) Adequate ingress and egress may be obtained •to and from the property, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency. 4 (b) Adequate off r .'_►et parking and loading areas ( ; provided without creating undue noise, glare, odor or detrimental effects upon adjoining properties. (c) Adequate and properly located utilities are available or may be reasonably provided to serve the proposed development. (d) Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoining properties. (e) Signs and exterior lighting, if any, will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties and will be permitted and in compliance with all adopted codes and ordinances. (f) Refuse and service areas, with particular reference to the issues relating to (a) and (b) above. (g) Required setbacks and other open space. (h) Height. (i) Landscaping. (j) Renewal and/ or termination dates relating to a lease, if applicable. (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility. PLEASE NOTE: In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to ensure conformity with the foregoing. STATE REASON FOR REQUEST (attach additional sheet if necessary): 5 THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLETE THIS APPLICATION: *Paid receipt from Finance Department for $250.00 Application Fee. * Paid receipt from Finance Department for Deposit, if applicable. (Make checks payable to the "City of Cape Canaveral") A listing of legal descriptions of all properties within a 500 ft. radius of the boundaries of the property contained in the request, together with the names and mailing addresses (including zip codes) of all respective property owners within the above referenced area. Include three (3) complete sets of mailing labels of all property owners within a 500 ft. radius. (This can be obtained from the Tax Assessor's Office.) The list shall be legible and the source of the information submitted stated here: This information was obtained from: Cc,ri— (3e ofrao A property map showing properties within the 500 ft. radius, clearly outlining the subject property. The Location map_ showing adjacent properties uses, zoning, streets driveways, canals and utilities. 7. Where Property is not owned by the applicant, a Power of Attorney must be attached giving the Notarized consent of the property owner to the applicant to request the Special Exception. 4E 8. Copy of recorded deed to subject property. 9. Completed worksheet. 10. If applicable, elevation drawing(s) or photograph(s) of proposed structure(s) are encouraged. NOTE: Application fee of $250.00 is non-refundable upon payment to the City. • NOTE: Any balance from required deposit will be returned to the applicant upon written request minus all associated costs. 6 IY . .. ...... .. ....t. �.... ..:.L.•.0_...:1:.......f�......L...:iR:_'i�•1t.3:f.:2.ilkii`..'�3�iw.�C.e'G:.t�J�.i�.i�..�(�dlyd/ l Prepared By and Return To; Leanne M. Kugelmann Fidelity National Title Insurance Company of New York 1355 N. Courtenay Parkway, Suite D Merritt Island, FL 32953. File No. 03-008-188666 Property Appraiser's Parcel I.D. (folio) Number (s) 24-37-23-CG-25-9 SS#: II II 1111111111 CFN 2003341000 10-28-2003 12:46 pm OR Book/Page: 5102 / 0282 • Scott Ellis Clerk Of Courts, Brevard County #Pgs: 2 #Names: 2 Trust: 1.50 Rec: 9.00 Serv: 2.00 1,260.00 'Excise: 0.00 Mtg: 0.00 nt Tax: 0.00 • QUIT -CLAIM DEED THIS QUIT -CLAIM DEED executed October 26, 2003, by Calliope A. Holiasmenou, first party, to Vincent Keenan, whose post office address is o , itl. iiLtii'tr.1S74 s't�u�f ' ilit =� r a. 3 $'3 second party: (Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives, assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH, that the said first party, for and in consideration of the sum of $ 10.00 in hand paid by the said second party, the receipt whereof is hereby acknowledged; does hereby remise, release and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land situate, lying and being in the County of Brevard State of Florida, to -wit: Lots 9, 10 and 11, Block 25, Avon By The Sea, according to the plat thereof, as recorded in Plat Book 3, Page 7 of the Public Records of Brevard County, Florida TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. Quit Claim Dead Rev. t6/00)IQuitelal.wpol Page 1 of 2 OR Book/Page: 5102 / 0283 poloplin111111 IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day and year first above written. WITNESSETH: itness Si atur ) 1)*Are! pRAL-7/- QL71- Wrint Name of Witness) (Witness Signature) (Print Name f es STATE of Ql_ce.4.4.is51.A._J COUNTY of 4: I Calliope A!Holiasmenou xeza Aw44,44.7 AeAc � ems.+444 Pl • 3,p0a9-g 3a/ao (Address and Phone Number) I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and th County aforesaid to take acknowledgements, personally appeared to me known to be the person(s) described in or who has/have produced #Z' , as identification and who executed. the foregoing instrument and he/she/they acknowledged before me that he/she/they executed the same. WICSS y and and official seal in the County and State last aforesaid this jj , 2Op.g . My commission expires: ........e...e.. NY E PIAAENTIL Como, 130001 MORN 11117/20W Monad MN llo�ld� NahivAssiti. : Claim Deed . (6/00)(Quitclai.wpd) -% day of Notary Sig ture Printed Noifary Name General Power of Attorney TO ALL PERSONS, be it known that I, Vincent Keenan of 516 Barrello Lane, Cocoa Beach, FL 32931 the undersigned Principal, do hereby make and grant a general power of attorney to Alice Fusillo, of La Fiesta, Inc. and do thereupon constitute and appoint said individual as my attorney-in-fact/agent. If my Agent is unable to serve for any reason, I designate Nestor Martinez of La Fiesta, Inc., as my successor Agent. My attorney-in-fact/agent shall act in my name, place and stead in any way, which I myself could do, if I were personally present, with respect to the following matters, to the extent that I am permitted by law to act through and agent. I Vincent Keenan owner of the land and building located at 7802 N. Atlantic Ave., Cape Canaveral, FL 32920. Allow the lessee of the above premises to obtain a special exception to sell beer and wine for the benefit of the business. My attorney-in-fact/agent hereby accepts this appointment subject to its terms and agrees to act and perform is said fiduciary capacity consistent with my best interests as he/she in his/her best discretion deems advisable, and I affirm and ratify all acts so undertaken. TO INDUCE ANY THIRD PARTY TO ACT HEREUNDER, I HEREBY AGREE THAT *ANY THIRD PARTY RECEIVING A DULY EXECUTED COPY OR FACSMILE OF THIS INSTRUMENT MAY ACT HEREUNDER, AND THAT REVOCATION OR TERMINTATION HEREOF SHALL BE INEFFECTIVE AS TO SUCH THIRD PARTY UNLESS AND UNTIL ACTUAL NOTICE OR KNOWLEDGE OF SUCH REVOCATION OR TERMINATION SHALL HAVE BEEN RECEIVED BY SUCH THIRD PARTY, AND I FOR MYSELF AND FOR MY HEIRS, EXECUTORS, LEGAL REPRESENTATIVES AND ASSIGNS, HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS ANY SUCH THIRD PARTY FROM AND AGAINST ANY AND ALL CLAIMS THAT MAY ARISE AGAINST SUCH THIRD PARTY BY REASON OF SUCH THIRD PARTY HAVING RELIED ON THE PROVISIONS OF THIS INSTRUMENT. Signed under seal this / day of Signed in the presence of: Witness 4 aucu_460a- Attorney-in-gent State of FLoa4 County of/4-P2- On 7uly !ems 7 0 5 before me, appeared �0/ to me on the basis of satisfactory evidence) to be the be within instrument and acknowledged to me that he/she. They executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 206c7 WITNESS my hand and official seal. Signature: NOTARY PUBLIC -STATE OF FLORT'.; Mary von Glatzel Commission # DD417278 • Bonded ThExpires: MAY 26, 2009 ru Atlantic Bonding Co., Inc. Affiant /EocoE k EL)4/kJ , personall . ' : 'to me (or proved son whose name is subscribed to own,/ Produced ID Type of ID (Seal) CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet are two -fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. No 2) Will the Special Exce,ption create any unusual police, fire or emergency services? la) ectD+`n5 G vua ncc Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? \ f �S Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, • traffic flow and control, and emergency access in case of fire or medical emergency? £ 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? S 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? Ma 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? y1,5 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? 4 E_S 7 9) Is there adequate refuse and service areas? !� ' 10) Do the setbacks, landscaping, and open space met the requirements of the zoning district? c_S 11) Is the proposed use compatible with surrounding uses in its function, its hours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? $ 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? ci z, 5 13) Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? tf.3 14) Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? (, 15) Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? D 16) Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? (1 Eas, 8 s+apr ;.. su r :p604,401.4•: w,. cyx p0944.4 aQ44,441/4kuift 4\ L ID (5 1!-car-i-i-O A c-6 cv ! os `6 • _LSI9c1 57N.Q auu2-N cr 0 0 s-.-J7,u-r:53)D City of Cape Canaveral August 19, 2005 NOTICE OF PUBLIC HEARING dt O THE ADJACENT PROPERTY OWNER(S): Special Exception Request #05-09 Notice is hereby given by the City of Cape Canaveral, that Alices Fiesta, Inc. of 1536 Clover Circle, Melbourne, FL, 32940 has requested a Special Exception To Allow On -Site Consumption of Beer and Wine, pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110-171(A) (2)(c) for the property described as follows: Legal Description: Township 24S, Range 37E, Section 23, Subdivision —Avon-by-the-Sea; Lots 9,10and 11, Block 25 (7802 ., Cape Canaveral, FL 32920) tl• 1a1-IPal tic Avenue. In accordance with the City Code of Ordinance No. 18-2002, this letter shall serve as notice that there will be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted above. The meeting will be held on Wednesday, September 28, 2005, at 7:30 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL. The Planning & Zoning Board is advisory in nature and will make a recommendation to the Cape Canaveral Board of Adjustment with respect to the above -named property. The final administrative approval or denial will come before the Board of Adjustment at a subsequently scheduled meeting. Since your property may be located within 500-feet of this property comments can be made in person or may be submitted in writing at the Planning and Zoning Board Meeting or to the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920. if a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Cleric's office (868-1221), 48 hours in advance of the meeting. Susan Stills, CMC City Clerk z9s r 299 fl 9 71. 12 13I 15 JjJACKSONAVV f s o i 7 +, iHARRISON AV 13 tt raw s I1, 43 5 9 1719 2I3 9 lto'/1 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SL NCOM: 982-1220 • FAX (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com OWAMWA OR PPL1CANT NAME(S)/ADDRESS: FUSILLA, ALICE 427-0191, WNO POINT R3 Rr RADIUS MAP T- -NM vl p a 97191-91ip'--- sh 59 -h- WNER NAIIE(S)/ADDRF • VINCENT KEENAN 516 BARRELLO 1,'V, COCOA BEACH, FL 32931 102 - rMe;.soo CART@{ RT R 11-b 111101130 POST RR RTICNIt AV 4 CANAY171AL Wm 333I1WCOO11 AY IIIT ARALLY AY 16 1 45 t 40 1 I54f6J I57_ L iffi ITT& 70 176!7, 73 73 771 79 tE amto7na t_-- CAROUNR RT 10731 EON AT MARWN AV I' u 153se lea et z7 MONROE AY 4A0:93A AT 11 4e a IIARRL9ON AT I1 T i*9 a TYLITR WAX AY TAYUIR AV TILL30RR AV f t- J L-._ I PICRCO AY _ITLJfi1 l Breves( County Property Appraiser: Jim Ford /4 F / /i 11I Tr BUFFER DISTANCE: 500 FEEL' Based on data from the Properly Appraiser's 0ffice MAP SCALE IS L•OUOU (one inch = 500 feet) This map was compiled from regarded docuvunds and tines not reflect an actual surrey. The Breuard County Board of Commissioners, Property Appraiser, and Geographic Information Services do nal assume responsihitity jar errors or ommissions contained hereon Produced hy. Brevard CTunty Planning k 7naing office - G1S, August 03, 2005 9331500-1.cR,p LEGEND: I-1 Notification buffer Parcel/lot boundaries Numbers on map correspond to mailing list City of Cape Canaveral Special Exception Alice's Fiesta, Inc La Fiesta Restaurant Applicant: Atlantic Animal Clinic Location: Range: 37E Township: 24S Section: 23 Existing Acreage: .57 Acres Existing 15 DU per acre: Not Applicable Proposed Number of Units: Not Applicable Proposed Density: Not Applicable Current Future Land Use: Commercial C-1 Current Zoning: Commercial C-1 Description: The applicant, Atlantic Animal Clinic is relocating one block north between Tyler and Harrison Avenues on A1A and requires a special exception. N North South East West Zoning Cl Commercial Cl Commercial Cl Commercial Astronaut Blvd. (A1A) Comp Plan Cl Commercial Cl Commercial Cl Commercial Astronaut Blvd. (A1A) Existing Conditions Retail Store Existing Atlantic Animal Clinic Residential Astronaut Blvd. (A1A) Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The proposed special exception for the sale of alcoholic beverages will have no burden or negative affect on parks and recreation. A1A is operating at Level of Service "A" with 283 available peak hour trips between North City Limits to Central Blvd. A1A from Central Blvd to North Atlantic has a level of Service is "A" with 325 excess trips. The proposed special exception for the sale of alcoholic beverages will have no burden or negative affect on A1A LOS. This will be further evaluated at the site plan review. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. The proposed special exception for the sale of alcoholic beverages will have no burden or negative affect on wastewater treatment. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. The proposed special exception for the sale of alcoholic beverages will have no burden or negative affect on water. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of- Amendment -Area: ----- ---- The site has Ga - Galveston urban land complex soil which is well -drained sandy soil that has been reworked. There are no known wetlands, floodplains or endangered species on site.. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The proposed special exception for the sale of alcoholic beverages will have no burden or negative affect on population projections and trends. CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet are two -fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not . satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. This review by staff pertains to the La Fiesta Inc property owners and their wish to obtain a `Special Exception' for the sale of alcohol beverages. As a restaurant use previously that served alcoholic beverages it _would _ appear__that _.alcohol _sales __on premise will not have adverse impacts to adjacent property owners that would contribute to the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff. 2) Will the Special Exception create any unusual police, fire or emergency services? The `Special Exception ' for the sale of alcohol beverages should not have an unusual impact on emergency services. 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? The sale of alcohol is allowed in the zoning district with the addition of the `Special Exception. ' The site itself is not being modified would appear to meet all the requirements of the code with the exception of landscaping. Again the structure on site is not being modified and is a pre-existing condition. 4) Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency? The `Special Exception' to allow for the sale of alcohol will not affect the ingress and egress of auto and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency. 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? There is adequate parking for the facility. 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? There are a full set of utilities available to serve the subject property. The proposed `Special Exception' does not require further development of utilities and adheres to the capacity and service levels required by Code. 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? The `Special Exception' for the sale of alcohol by itself will not require buffering. As mentioned if this were a new site, additional landscaping would be required. 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? With regard to signs and exterior lighting the `Special Exception' for the sale of alcohol does not appear to worsen the existing conditions or create disharmonies to adjoining property owners. 9) Is there adequate refuse and service areas? There is adequate refuse capacity. 10) Do the setbacks, landscaping, and open space meet the requirements of the zoning district? As a pre-existing Commercial site, the project meets setbacks and open space requirements. 11) Is the proposed use compatible with surrounding uses in its function, its hours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? The site is a pre-existing use, there should not be additional impacts with traffic, due to the increase in parking capacity. The `Special Exception' should not impact the structure size, setbacks, land values, or compatibility. 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? 2 This `Special Exception' request is consistent with the goals, objectives and policies of the Comprehensive Plan. 13) Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? This special exception request can meet the requirements for this zoning district found in the land development code. 14) Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 15) Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. BUILDING OFFICIAL OR DESIGNEE REVIEW 1. Zoning Amendment 2. Variance 3. X Special Exception 4. Administrative Appeal Contiguous Zoning North South East West C1 C1 C1 C1 CONSIDERATIONS SETBACKS: COVERAGE: LOT SIZE: DENSITY: HEIGHT: Yes MEETS CODE Yes MEETS CODE Yes MEETS CODE Yes MEETS CODE Yes MEETS CODE CODE VIOLATION (Describe) CODE VIOLATION (Describe) CODE VIOLATION (Describe) CODE VIOLATION (Describe) CODE VIOLATION (Describe) ADDITIONAL REFERENCES PARKING LOADING ZONE SETBACKS (A1A Ridgewood/Astronaut) LANDSCAPING NON -CONFORMITIES STRUCTURES LAND USES Code Sect. 110-491 NA NA 110-566-567 NA NA NA Applicability Yes No NOTE: The Planning & Zoning Board should also review Section 110-47 (1-11) COMMENTS: No additional comments Date Reviewed by Building Official or Designee: Signature: 4 rtgclLa Map ''< http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevard 1 &id=2005092 1 1 ... 9/21/2005 Click Action: Parcel Info §1 Distance p 1 5 7 ©12 13 15 �FvX 11 13 14 1 j3 4 5 6 7 9 1 2 3 3 9 10 11 HAR 1 2 3 —View r Map C Aerial — Locate (Parcel ID giL . e —Zoom to I Brevard County t' —Printable Version —Check below then Update Ei Parcels E ZonCnty ❑ ZonCity E GolfCourses El Schools G Libraries El RoadNames C Sections El Water Help http://www.brevardpropertyappraiser.com/temp/graFrame20050921102249444.html Legend 9/21/2005 Todd Peetz From: John Cunningham (jcunningham@ccvfd.org] Sent: Thursday, September 01, 2005 9:40 AM To: Todd Peetz Subject: Re: Special Exception/ La Fiesta Restaurant I have reviewed the special exception and have no comment at this time. 9/21/2005 MEMORANDUM TO: Todd Morley, CBO Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: August 19, 2005 RE: Special Exception Request Alcoholic Beverage La Fiesta Restaurant 00Pr The Public Works Department has reviewed the special exception request and does not have any comments or concerns. MEMORANDUM TO: Todd Morley, Building Official. FROM: Todd Peetz City Planner DATE: . September 15, 2005 RE: Special Exception for La Fiesta Restaurant Sales of Alcoholic Beverages I have reviewed the submittal of the special exception review for the above referenced project. My comments/concerns are addressed in the special exception worksheet attached to this item. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City. If you have any questions, please feel free to contact me at 407-629-8880. City of Cape Canaveral CERTIFIED NO. Z 318 689 603 BOARD OF ADJUSTMENT FINDINGS OF FACT CONCLUSION OF LAW ORDER REQUEST NUMBER: 94-11 fir'��60 1 .i RE: Special Exception Request No. 94-11 to Allow Consumption of Beer and Wine at the Moonhut Restaurant, 7802 Astronaut Boulevard, Lots 9, 10 8c 11, Block 25, Avon by the Sea, Section 23, Township 24 South, Range 37 Fast - Petitioner is Calliope A. Holiasmenon, Designated Agent. The Board of Adjustment of the City of Cape Canaveral has heard information pertaining to the request at the Board of Adjustment meeting held the 23rd day of January, 1995, and based on the information provided, the Board of Adjustment has entered the following FINDINGS OF FACT, CONCLUSION OF LAW AND ORDER. " FINDINGS OF FACT The Moon Hut, Inc. is the owner of the real property described in the Petition. The property is located in the C-1 zoning classification and is subject to the Land Development Regulations pertaining to said district. The granting of this special exception request will not adversely affect the public interest. This special exception request is consistent with the goals, objectives " and policies of the Comprehensive Plan; is consistent with the intent of the C-1 zoning district; this request does not create any adverse impacts to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed for a principal use permitted in the C-1 zoning district; no unusual police, fire or emergency services would be required; all the requirements of the zoning district are met with the special exception. CONCLUSION OF LAW That the Board of Adjustment has lawful power and authority to grant special exceptions under special conditions and circumstances as set forth in Section 110-171, Paragraph (a)(2)(c) of the • Cape Canaveral Code of Ordinances. The petitioner has met the minimum requirements for the requested special exception and has demonstrated entitlement to the special exception which will not adversely affect the public interest. 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920.0326 TELEPHONE 1407) 868-1200 • FAX (407) 799.3170 BOARD OF ADJUSTMENT FINDINGS OF FACT CONCLUSION OF LAW ORDER SPECIAL EXCEPTION REQUEST NO. 94-11 JANUARY 23, 1995 ORDER The Moon Hut, Inc. is granted the special exception subject to all applicable limitations, restrictions and conditions including the following special conditions: 1. If the business is sold then the special exception shall continue with the business. If the business lapses then the special exception shall expire. 2. A beer and wine license shall be obtained within 120 days from date of the special exception approval or the special exception shall be revoked. 3. There shall not be any sale of wine or malt beverages to be carried out of the premises. Said special exception will expire as stated above. Should there be a violation to any part of this Order, the Special Exception may be revoked in accordance with applicable laws and the City Code. DONE AND ORDERED this 23rd day of January, 1995 at Cape Canaveral, Brevard County, Florida. BOARD OF ADJUSTMENT CITY OF CAPE CANAVERAL, FLORIDA BY: /Z'4. , Ann Thurm, Chairman I hereby certify that a, true and correct copy of this document has been furnished by certified mail to the petitioner(s) on this 24th day of January, 1995. BY Susan L. Chapman, Secretary Planning & Zoning Board Meeting Minutes September 28, 2005 Page 2 Lars Holfve, designated agent, verified that currently no one was living on -site. He noted that there has been vandalism since the on -site security stopped. He added that the property is not located around any residential. Motion by Lamar Russell, seconded by Donald Dunn to postpone Special Exception Request No. 05-07 until the October 26, 2005 meeting. Vote on the motion carried unanimously. 3. Motion to Recommend: Special Exception Request No. 05-08 to Allow a Veterinary Clinic in the C-1 Zoning District, Section 23, Township 24 South, Range 37 East, Lots 1, 2, 9 & 10, Block 36, Avon by the Sea Subdivision - Christine Storts, Petitioner. Todd Peetz, City Planner, gave an overview of the request. He advised that the property was located on a vacant lot; the project should meet all the development codes; and a traffic study would be required at the time of site plan submittal. Lamar Russell noted that the special exception at the current location would expire if the property is not utilized for the same use within 12 months. Dr. Christine Storts, Petitioner, testified that _ _she=has__been__a_veterinarian._for_over_. 10_years_n_the_cornrunity;.-the-business-now-has-- extended hours and is open six days a week to keep up with the demand; the facility needs to be expanded to accommodate the community's needs; the property is located just north of the current location. She verified that there will not be a boarding facility. Jason Schaeffer, a friend of Dr. Storts, answered various questions regarding the submitted conceptual plan. Discussion was held regarding the heavily wooded lot. Mr. Schaeffer responded that the site design saves as many Oak trees as possible; and he anticipated that there will be no problems with curb cuts. Motion by Lamar Russell, seconded by Shawn Schaffner to recommend approval of Special Exception Request No. 05-08 to the Board of Adjustment. Vote on the motion carried unanim 4. Motion to Recommend: Special Exception Request No. 05-09 to Allow a Restaurant to Serve Beer & Wine at (7802 N. Atlantic Avenue - La Fiesta Restaurant), Section 23, Township 24 South, Range 37 East, Lots 9, 10 & 11, Block 25, Avon by the Sea Subdivision - Alice Fusillo, Petitioner. Todd Peetz, City Planner gave an overview of the request, and verified that this request met all City requirements. He testified that the previous special exception had expired in May, 2005, and the new restaurant owner would like to re-establish the use; the restaurant has 96 seats, and adequate parking. He depicted properties that have liquor licenses from a City map. Alice Fusillo, Petitioner, testified that she had no intentions to serve full liquor at this time; everything inside the building is the same, only minor cosmetic upgrades. Chairperson McNeely reviewed the criteria worksheet. Brief discussion followed. Motion by Donald Dunn, seconded by Lamar Russell, to recommend approval of Special Exception Request No. 05-09 to the Board of Adjustment. Vote on the motion carried unanimously. 3 ti 1\ • iI 129 1 4 4 ch. 4 it nft.4I %•,‘ 11 ::°,44:i:".2A*4,S*)11;,Z.17;• p 1.444.4114.4 ) 3./N \J CS) rt- 0 Pri di••••••00 •••••••••' CD 0 5/0 araN S-...177,utt3y'D Meeting Type: Board of Adjustment Meeting Date: 10/24/05 AGENDA REPORT BOARD OF ADJUSTMENT THE CITY OF CAPE CANAVERAL AGENDA Heading Special Exception 05-10 Item No. #4 SUBJECT: Special Exception Request 05-10 to allow a vehicle rental facility. DEPT./DIVISION: Building Department Requested Action: Consider recommendation for approval by the Planning and Zoning Board for a vehicle rental facility. Summary Explanation & Background: The applicant is William Stephenson; they have requested a special exception for vehicle rentals. This is one the two out parcels associated with the Residence Inn currently under construction. The renting of vehicles requires a special exception. Exhibits Attached: #1 Application, #2 Legal description and owner related information, #3 Applicant information regarding the special exception, #4 Notification to surrounding property owners, #5 staff reports and comments on the special exception. City Planner's Office Department CITY Page 2 of 11 City of Cape Canaveral Building Department (Please Print Legibly or Type) DATE FILED e- 11- 0 S. FEE PAID /7.- 50 4 DEPOSI airs, : RECV'D BY: ($250.00 Filing Fee is non-refundable) 4-, Tatirdy pC X ,ya Ca, NATURE OF REQUEST Special Exception is for what purpose (Brief Description) Etl rc LE REN7iL VAC ris t'f f 1 v G- 1 -Zoo.) 1;46 Address of request (if applicable) ti.9 5, A S l a 0 �.4 "f 12) LA/ O, (0 , 92 o a r p80C.,e Legal Description: Lot Block Parcel 1-3-1 S- Subdv fl2S.o -ocvo . 00 ('pAti� of) Section 1. 9 Township 4 Range "3 STATEMENT OF FACT: State of Florida, County of Brevard; I duly swam, depose and say that I am the property owner. I am the owner(s) designated agent. (notarized authorization required) Owner(s) Name(s): AtTi d ►.l Griiof i--rD t,tr o Address: 342 C N . AT 1.,e4'716 /We r� 136A(.44 , L. 3293/ Home Phone Work Phone E-Mail Applicant(s) Names(s): . 5T e P r .r. S014 1 Pam, Address: Z54o F L►2. r= r 6147 Dom. , Gv c.OP FL 3z 9?.4 Home Phone 6,3Z-$►B2,WorkPhonei,6r-8t8 2. E-Mail H 203 n'1av@ AoL• Cow, - All information, sketches and data contained and made part of this request, are honest and true to the Signature of Applicant Swd and subscribed before me on this /Q day of ( 3,4die Notary Public, State of Florida The completed request form and the $250 stir-1 w11_,t,1,0+,-1 14. SreeNbeing r_f S✓ 20 !) . taimminmiumesiew CHERITY D. STARKEY Notary Public. State of Florida My comm. expires June 13, 2009 Rnust fallws: Requests for Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board Meeting; Request for Telecommunications Towers, require a minimum of sixty (60) days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the Planning & Zoning Board. (A deposit may be required per Section 110-92 ) a261 RecL �997.5� http://fcn.state.fl.us/cape/building_permit files/SPECIALY.20EXCEPTION.htm 8/9/2005 City of Cape Canaveral APPLICATION FOR SPECIAL EXCEPTION This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60) days for . Telecommunications Towers) prior to the next regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 4th Wednesdays of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any questions, please contact the Building Department at (321) 868-17,9 DATE: P--f c1 -05 1. NAME OF APPLICANr(S) W ► tA-- tot. _ STe P 1=1 5 +a of 9. . ADDRESS .(if assigned)S,3' A STI20 r.r A U 1 15t..v t) , C.n, Pe Cs�,,k+v Ejvis lr PHONE # 6 - 8185 FAX # - SZ 75 E-MAIL 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: LOT: BLOCK: SUBDIVISION: PARCEL:24-37-i5-oo-ocskz25.6-oao0.0a (s.92 e, u -reArucs) SIZE OF SUBJECT PROPERTY IN ACRES 6. SECTION 15 TOWNSHIP-Z.' RANGE 3 7 DESCRIPTION: s.e.s_ .Art-Le`c,w- flysvrtv-sy/ 7F_SG2 t P-r. ry 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION I.S SOUGHT (EXAMPLE, ARTICLE X, SECTION 2) S E.G ! a o - :5-$6 4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) 5. PRESENT ZONING CLASSIFICATION -2, R-1, R 2 M-1 ETC) 6. PROVIDE THIRTEEN (13) COPIES OF SHE PLAN OR APPROPRIATE DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE: (a) Adequate ingress and egress may be obtained to and from the property, with 4 particular .tefereuee to automotive and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency. http://fcn.state.fl.uslcape/buildingpermit files/SPECIAL%20EXCEPTION.htm • 8/9/2005 Page 5 of 11 (b) Adequate off-street parking and loading areas are provided without creating undue noise, glare, odor or detrimental effects upon adjoining properties. (c) Adequate and properly located utilities are available or may be reasonably provided to serve the proposed development. (d) Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoining properties. (e) Signs and exterior lighting, if any, will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties and will be permitted and in compliance with all adopted codes and ordinances. (f) Refuse and service areas, with particular reference to the issues relating to (a) and (b) above. (g) Required setbacks and other open space. (h) Height. (i) Landscaping. (j) . Renewal and/or termination dates relating to a lease, if applicable. (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility. PLEASE NOTE: In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to ensure conformity with the foregoing. STATE REASON FOR REQUEST (attach additional sheet if necessary): http://fcn.state.fl.us/cape/building_permitfiles/SPECIAL%o20EXCEPTTON.htm 8/9/2005 THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLETE THIS APPLICATION: *Paid receipt from Finance Department for $250.00 Application Fee. * Paid receipt from Finance Department for Deposit, if applicable. . (Make checks payable to the "City of Cape Canaveral") V A listing of legal descriptions of all properties within a 500 ft radius of the boundaries of the property contained in the request, together with the names and mailing addresses (including zip codes) of all respective property owners within the above referenced area. Include three (3) complete sets of mailing labels of all property owners within a 500 ft. radius. (This can be obtained from the Tax Assessor's Office.) The list shall be legible and the source of the information submitted stated here: This information was obtained from: n-e...r Tb n. o J A property map showing properties within the 500 ft radius, clearly outlining the subject property. The Location map showing adjacent properties uses, zoning, streets, driveways, canals and utilities. 7. Where Property is not owned by the applicant, a Power of Attorney must be attached v giving the Notarized consent of the property owner to the applicant to request the Special Exception. 8. Copy of recorded deed to subject property. 9. Completed worksheet 10. If applicable, elevation drawing(s) or photograph(s) of proposed structure(s) are encouraged. 5, • NOTE: Application fee of $250.00 is non-refundable upon payment to the City. • NOTE: Any balance from required deposit will be returned to the applicant upon written request minus all associated costs. http ://fcn. state. fl . us/cape/bui l ding_permit_fi l es/SPECIAL%20EXCEPTION. htm 8/19/2005 1 asa, 0 Vl 1 1 CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet are two -fold: (1) to assist the Planning and Zoning Board and the Board . of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. S E-£ A i`iybftte l=) izGStpac-4 tAm �- 2) Will the Special Exception create any unusual police, fire or emergency services? 3) Will the Special Exception meet ali the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? 4) Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency? 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? http://fcn.state.fl.us/cape/building permit_files/SPECIAL%2OEXCEPTION.htm 8/9/2005 Special Exception Work Sheet For Vehicle Rental Facility in C-1 zoning district. 0.92 Out Parcel at 8959 Astronaut Blvd., Cape Canaveral, Fl. 1. This site is a 0.92 acre out parcel of the Residence Inn property. The Residence Inn approved site plan was design to acomodate this out parcels' storm water runoff. Major utilities are provided to site. The surrounding hotel properties will have similar noise, lighting and traffic patterns. 2. No, the site only contains a 1250 s.f office building, with a few employees. 3. The project will be designed to meet all city zoning requirements. 4. This project will not have an entrance off Astronaut Blvd., will share a main common entrance with Residence Inn. 5. A large circler customers driveway, drop-off and parking area is proposed, with the rental cars located in a separate screened area which will keep undue noise, glare and odor from adjoining property owners. 6. All utilities are accessible from Residence Inn utility improvements. 7. Yes, all driveway and parking areas shall have trees and hedge screening. 8. All signs and exterior lighting shall be designed to blend in with Residence Inn signage and lighting and meet all city requirements. 9. An enclosed dumpster shall be provided at rear of building. 10. Yes, front setback= 90' (25'required), side= 10' min. (zero required), rear= 80' (10'required). 11. The rental car busniess function, hours of operations and traffic is very compatible with adjacent property use and would be an asset to the surrounding hotels. 12. Yes. 13. The zoning district allows a vehicle rental facility in C-1 zoning with a special exception if 1/3 mile from another vehicle rental facility. This property is over 3000' from nearest existing rental car business. (Budget Rental Car is located south at 8401 Astronaut Blvd.). • 14. All requirements which would entitle this special exception have been met. 15. None proposed. • 16.The Vehicle Rental Facility should run concurrently with the property and land use. • DESCRIPTION NOT A BOUNDARY SURVEY DESCRIPTION: OUT PARCEL 1 A portion of those lands described in Official Records Book 5288, Page 2198, of the Public Records of Brevard County, Florida, lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida, being more particularly described as follows: Commence at the intersection of the North line of the South 3316.80 feet of said Section 15 and the Westerly right of way line of State Rood A-1-A (a 100.00 foot wide right of way); thence S3721 ' 10 "E, along said Westerly right of way line, a distance of 506.75 feet, to the Northeast corner of said lands and the POINT OF BEGINNING of the herein described parcel; thence continue, S3721'10"E, along said Westerly right of way line, o distance of 109.02 feet; thence S52'39'00"W, a distance of 164.62 feet; thence S79'42' 15"V, a distance of 54.35 feet; thence N3721 '00 "W, a distance of 249.97 feet, to the North line of said lands; thence S89'2837 E, along said North line, a distance of 269.86 feet, to the POINT OF BEGINNING; Containing 0.92 acres, more or less. SURVEYOR'S NOTES: 1. THIS IS NOT A SURVEY. 2. The bearings shown hereon are based on a bearing of S3721'10'E, along Westerly right of way line. 3. • = Denotes change in direction (no corner found or set). SEE SHEET 1 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION EXHIBIT "A" SHEET 2 OF 2 LLE.Nngneering, Inc. SURVEYORS — ENGINEERS 106 DiXIE LANE COCOA BEACH, FLORIDA 32931 TELEPHONE: (321)783-7443 — FAX: (321)783-5902 11EBSITE: www.alleneng.net — EMAIL: lnfoOalleneng.net 3. 2. 1. JOB NO. 030025 DATE: 1-31-05 SURVEYOR'S CERTIFICATION: 1 hereby certify that the attached Property Description was prepared under my direction, in accordance with all applicable requirements of the "Minimum Technical Standards," for land surveying in the State of Florida, described in Chapter 61G17-6, Florida Administrative Code, pursuant to Chapter 472.027, Florida Statutes. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. ALL ER r ALMON Professio `al Surveyor & Mapper Florida Registration No. 4262 PREPARED AND CERTIFIED FOR: A 1A ACQUISITION GROUP. Ltd., L.L.P. SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY OUT PARCEL 1 POINT OF COMMENCEMENT INTERSECTION OF NORTH UNE OF SOUTH 3316.80 FEET OF SECTION 15 & WESTERLY RIGHT OF WAY LINE OF STATE ROAD A-1—A N. LINE OF S. 3316.80' OF SECTION• 15 s `% 1. a-3 .- oc?. S.89'28'37"E. 269.86' N. LINE OF OFF7CIAL RECORDS BOOK 5288, PAGE 2198 s 161. Tact? F of EXHIBIT "A" SHEET 1 OF 2 LLE1N ngineering, Inc. 5.7 SURVEYORS — ENGINEERS 106 DIXIE LANE COCOA BEACH, FLORIDA 32931 TELEPHONE: (321)783-7443 — FAX: (321)783-5902 WEBS[TE: www.alleneng.net — EMAIL: infoOalleneng.net 3. 2. DATE:: 1-31-05 JOB NO, 030025 POINT OF BEGINNING N.E. CORNER OF OFFICGIL RECORDS BOOK 5288, PAGE 2198 • J), T ovz 90irs NM 0 15 30 60 GRAPHIC SCALE SEE SHEET 2 FOR DESCRIPTION, SURVEYOR'S CERTIFICATION Et NOTES DRAWN BY: DJG SCALE: 1 "-60' PREPARED AND CERTIFIED FOR: A 1 A ACQUISITION GROUP. Ltd., L.L.P. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: r Print na e: P(4; LN1 _40—c4r Print nanit: yk� ,;� I?k CAPE HOTEL ASSETS, L.C., a Florida limited liability company By: —5 Lauren B. Koonin, Managing Member STATE OF FLORIDA COUNTY OF BREVARD ig The foregoing instrument was acknowledged before me this J' day of May, 2004 by Lauren B. Koonin, as Managing Member of Cape Hotel Assets, L.C., a Florida limited liability company, on behalf of said company firwho is personally known to me; or ( ) who provided a Florida drivers license as identification, and who ( ) did (-did not take an oath. My Commission expires: iff6,c MARGE � 7R11 =.: � ' :_ MY COMMISSION cc 972946 EXPIRES: January 1, 2005 "t ;0 ' Bonded'hw Way Pubic undenny.n # 72215 vl Notary blic State of Florida Ia11N110111S V ERNOM ��.aj55288 12200 .EXHIBIT "A" A portion of Section 15, Township 24 South, Range 37 East, the City of Cape Canaveral, Brevard County, Florida more particularly described as follows: . Commence at the most Northerly comer of that parcel as described in Official Records Book 3064, Page 2885 of the Public Records of Brevard . County; Florida; thence N 37 degrees 22'• 12" W, along the West right of way line of State Road 401, a 100.00 foot right of way, 435.60 feet to the point of beginning; thence continue N 37 degrees 22'12" W, along said right of way, 311.85 feet to the Southeast corner of that parcel as described in Official Records Book 2704, Page 1181 of the Public Records of Brevard County, Florida; thence N 89 degrees 27'20"W along the South line of said parcel, • 633.75 feet; thence S 37 degrees 22'12"E, 701.26 feet; thence N 52 degrees 37'48" E, 500.00 feet to the point of beginning. rliwy 9pssr, ;• Ec • "s. s•,0 0/ GRAPHIC SCALE IN FEET Q- 92 ,a c n ,s S.52DEG.3q"00"W MAIN DRIVEWAY COVERED ENTRY site pier) REN7-41. P4c11. rr Astronaut Blvd., Cape Canaveral, Florida T STATE ROADA- I -A N 0 a= N N 0 N co z • �.4•• ` / !• 9CIEc 5 S.. • .• nk, 4•11Iii o zo GRAPHIC SCALE IN FEEL a,9 z A.crce5 96- 5.52DEG.3q'oo"W 164.62' MAIN DRIVEWAY site plan ENTRY iv 0 0 VEHICLZ RENT4L P4C/L T Y Astronaut Blvd., cape Canaveral, Florida Jim Ford, CFA Brevard County Property Appraiser - Map Search t o STrz 0 ri,oV Special Exception Work Sheet For Vehicle Rental Facility in C-1 zoning district. 0.92 Out Parcel at 8959 Astronaut Blvd., Cape Canaveral, Fl. http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?name=B revard 1 &id=2005080... 8/4/2005 r Prepared by and retum to: Ed Gardulski, Director, Public Works City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 (321)868-1240 EASEMENT THIS EASEMENT is made this day of , 2005 by whose address is , , Florida , located in Brevard County, Florida ("Grantor"), in favor of the City of Cape Canaveral, a Florida municipality, whose address is 105 Polk Avenue, Cape Canaveral, Florida, 32920, located in Brevard County, Florida ("Grantee"): WITNESSETH WHEREAS, Grantor is the fee simple owner of certain real property located within the City of Cape Canaveral, Florida, on which the Grantee desires to acquire a utility easement for the purposes described herein; and WHEREAS, under the terms and conditions stated herein, the Grantor desires to convey a utility easement to Grantee for the purposes stated in Section 3 herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, receipt of which is hereby acknowledged, the Grantor hereby agrees as follows: Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Grant of Easement. Grantor hereby voluntarily grants, sells and conveys unto the Grantee, its successors and assigns, a 20 foot wide easement along the North/South/East/West right-of-way line of and across certain real property located in Brevard County, Florida, more particularly described on Exhibit "A," which is attached hereto and fully incorporated herein by this reference. (Parcel ID ) Section 3. Purpose of Easement. The purpose of the Easement granted herein is more specifically set forth as follows: a. The perpetual right of the Grantee or its designee or franchisee to construct, install, operate, maintain, repair, replace and remove sidewalk, landscaping, utility systems including potable water, sewer, reclaimed water, storm water drainage, lines or pipes, and other utilities such as electric (FPL), gas Telephone (Bell South) and communication lines, and the right to transmit and convey utilities through and under said property, together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. b The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in Paragraph 1 hereinabove to serve the general public, and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. c. Grantee and/or public utility designees and franchisees in constructing, maintaining, repairing, replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs, administrator, successors and assigns to conduct business. d. This easement shall be non-exclusive and subject to the right of Grantor and its heirs, successors, administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of Page 1 of 2 the Grantee and Grantee's public utility designee of franchisee, including but not limited to Grantor placing items within the easement area and allowing Grantor and others to lawfully cross said easement area. TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns, together with the right to enter upon said lands and to construct and maintain public uses thereon, with all such fills, cuts, drains, pipelines, ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms, covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals on the day and year first above written. Signed in the presence of: GRANTOR: STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared to me known personally or who produced as identification, to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear an oath. WITNESS my hand and official seal in the State and County last aforesaid this day of , 2005. (Notary Seal) Page 2 of 2 NOTARY PUBLIC My Commission Expires: City of Cape Canaveral August 23, 2005 NOTICE OF PUBLIC HEARING O THE ADJACENT PROPERTY OWNER(S): Special Exception Request #05-10 Notice is hereby given by the City of Cape Canaveral, that A1A Acquisition Group LTD, LLD of 3425 N. Atlantic Ave, Cocoa Beach, FL, 32931 has requested a Special Exception To Allow a Vehicle Rental Facility in C-1 Zoning. pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110-171 C for the property described as follows: Legal Description: Township 24S, Range 37E, Section 15, (8959 Astronaut Blvd., Cape Canaveral, FL 32920) In accordance with the City Code of Ordinance No. 18-2002, this letter shall serve as notice that there will be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted above. The meeting will be held on Wednesday, September 28, 2005, at 7:30 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL. The Planning & Zoning Board is advisory in nature and will make a recommendation to the Cape Canaveral Board of Adjustment with respect to the above -named property. The final administrative approval or denial will come before the Board of Adjustment at a subsequently scheduled meeting. Since your property may be located within 500-feet of this property comments can be made in person or may be submitted in writing at the Planning and Zoning Board Meeting or to the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920. If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may -need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221), 48 hours in advance of the meeting Susan Stills, CMC City Clerk 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com APPLICANT NAMES)/ADDRESS; LOOVEY, KEVIN OWNER NA11E(S)/ADDRESS; Brevard County Property Appraiser. Jim Ford BUFFER DISTANC@ 500 FEET Based on data from the Property Appraiser's Office YAP SCALE IS L:6000 (one inch = 500 feet) This map was compiled from recorded documents and does not reflect an actual survey. The Brevard County Board of Commissioners, Property Appraiser, and Geographic Information Services do not assume responsibility for errors or ommissions contained hereon. Produced by: Brevard County Planning & Zoning Office — GIS, August 17, 2005 Notification buffer Parcel/lot boundaries Numbers on map correspond to mailing list City of Cape Canaveral Applicant: William H. Stephenson Location: Range: 37 Township: 24 Section: 15 Acreage: .92 +/- Acres / Hotel Acreage 6.20 +/- acres Proposed Use: Vehicle Rental Facility Current Future Land Use: Commercial C-1 Current Zoning: Commercial C-1 Description: The applicant desires to build a vehicle rental facility, on one of two out parcels for the Residence Inn. The vehicle rental facility will be on the north out parcel between the Country Inn and Suites and the Residence Inn located on the west side of A1A at the City's north end. North South East West Zoning Cl Commercial CI Commercial Cl Commercial Cl Commercial Comp Plan Conservation C1 Commercial Cl Commercial Cl Commercial Existing Conditions Under construction, Country Inn & Suites Existing Race Trac service station Vacant and AJT Office Buildings Under construction Residence Inn Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2005 was approximately 10,000. This is still adequate park space available. A1A is operating at Level of Service "A" with 481 available peak hour trips between North City Limits and Central Blvd. A1A South of Central Blvd to North Atlantic has a level of Service is "A" with 373 excess trips. This development could generate 105 more peak hour trips as added into the Traffic Impact Analysis and capacity is available. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is vacant Canaveral Complex Ca soil type. Canaveral Complex is level to gently sloping type of soil. There are no known wetlands, Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: Not applicable. CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet are two -fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. The subject site is an out parcel of a hotel located on State Road A-1-A. Another hotel is located adjacent and north of the subject site. At this time it does not appear that the special exception would create an adverse impact to the above requirements. 2) Will the Special Exception create any unusual police, fire or emergency services? The proposed development should have no unusual impact police, fire or emergency services. 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? The lot should be able to accommodate the vehicles to be leased. Due to the size and location of the property the proposed development should be able to meet the above criteria. This will further be addressed at site plan. 4) Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency? The plan proposes to share an access drive with the adjacent hotel. The shared access should reduce the impact to traffic flow on State Road A-1-A. 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? This development meets these criteria. The proposed plan is for a vehicle rental facility and will accommodate customers with out transportation in the Cape Canaveral area. The plan depicts a circular loading and unloading area for customers. This circular loading and unloading area is located in the interior of the property. Off-street parking is also provided around the perimeter of the circular loading and unloading area. 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? There are a full set of utilities available to serve the subject property. There is a proposed pump station on the southwest portion of the property. 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? The submitted concept plan proposes to provide screening and buffering. 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? The subject property is located adjacent to two hotels and it does not appear that at this time the proposed use would worsen existing conditions or create disharmonies with the adjoining properties. 9) Is there adequate refuse and service areas? There is adequate refuse capacity. 10) Do the setbacks, landscaping, and open space meet the requirements of the zoning district? The subject site is capable of meeting setbacks and open space requirements. 11) Is the proposed use compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? The subject property is an out -parcel of the Residence Inn development and should complement the adjacent land uses. There are two hotels under construction to the west and north of the subject property with State Road A-1-A fronting the eastern boundary. Another undeveloped out -parcel of the Residence Inn development is adjacent south of the proposed development. The hours of operation should coincide with .normal business hours and the majority of customers will likely be generated by the adjacent hotel properties. 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? 2 This special exception request is consistent with the goals, objectives and policies of the Comprehensive Plan. 13) Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? This special exception request can meet the requirements for this zoning district found in the land development code. 14) Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 15) Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 3 BUILDING OFFICIAL OR DESIGNEE REVIEW 1. Zoning Amendment 2. Variance 3. X Special Exception 4. Administrative Appeal Contiguous Zoning North South East West C1 C1 C1&C2. R3 CONSIDERATIONS SETBACKS: Yes MEETS CODE COVERAGE: Yes MEETS CODE LOT SIZE: Yes MEETS CODE DENSITY: Yes MEETS CODE HEIGHT: Yes MEETS CODE CODE VIOLATION (Describe) CODE VIOLATION (Describe) CODE VIOLATION (Describe) CODE VIOLATION (Describe) CODE VIOLATION (Describe) ADDITIONAL REFERENCES PARKING LOADING ZONE SETBACKS (A1A Ridgewood/Astronaut) LANDSCAPING NON -CONFORMITIES STRUCTURES LAND USES Code Sect. 110-491 NA NA Applicability Yes No X 110-566-567 X NA NA NA X X NOTE: The Planning & Zoning Board should also review Section 110-47 (1-11) COMMENTS: No additional comments Date Reviewed by Building Official or Designee: Signature: 4 MEMORANDUM TO: • Todd Morley, CBO Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: August 23, 2005 RE: Special Exception Request No 05-10 Vehicle Rental Facility The Public Works Department has reviewed the special exception request and have the following comments or concerns: 1. Request a 20 foot easement Agreement. The City of Cape Canaveral is applying for a landscaping grant from the Department of Transportation to beautify the A1A corridor. The Easement will have little affect on the proposed site plan other then additional landscaping to be planted by the City of Cape Canaveral. Todd Peetz From: John Cunningham Dcunningham@ccvfd.org] Sent: Thursday, August 25, 2005 9:49 AM To: Todd Peetz Subject: Re: Special Exception/ Vehicle Rental Facility I have reviewed the special exception and have no comment at this time. 9/21/2005 MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: September 15, 2005 RE: Special Exception for Vehicle Rentals I have reviewed the submittal of the special exception review for the above referenced project. My comments/concerns are addressed in the special exception worksheet attached to this item. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City. If you have any questions, please feel free to contact me at 407-629-8880. Planning & Zoning Board Meeting Minutes September 28, 2005 Page 3 5. Motion to Recommend: Special Exception Request No. 05-10 to Allow a Vehicle Rental Facility in the C-1 Zoning District, (Property is Located Just North of Residence Inn and South of Country Inn), Sec. 15, Twp. 24S, Rqe. 37E, Part of Parcel 25.0 - William Stephenson, Petitioner. Todd Peetz, City Planner, advised that the property was located on an out -parcel from the Residence Inn, and gave an overview of the request. He testified that the project would have shared access with Residence Inn; and reviewed the required criteria for this type of special exception. Kevin Looney, employee of the Petitioner, testified that the car rental facility may have a car wash, and if so, it would be located within the 600 square foot prep area as shown on the submitted conceptual plan. Victor Watson, employee of the Petitioner, testified that the use is compatible with the surrounding areas, and designed to meet all code requirements. He noted that the property will be owned and leased long-term. Motion by Lamar Russell, seconded by Donald Dunn to recommend approval of Special Exception Request No. 05-10 to the Board of Adjustment. Vote on the motion carried unanimously. OPEN DISCUSSION Todd Peetz, City Planner, gave an update on the City Council meeting's discussion regarding short-term rentals. He advised that City Council is not taking any action until the County makes its final decision. He noted that 36 properties are licensed for rentals in the City. Bennett Boucher, City Manager, advised that he was having a difficult time with the State trying to identify vacation rentals. He noted that Tess than 10 are identified throughout the County. Todd Peetz, City Planner, advised that City Council passed the 1st reading of a moratorium ordinance. He advised that the moratorium would delay new applications. He explained that the proposed moratorium would be for 90 days, with a 60 day extension if needed. He advised that over 300 parcels have granted special exceptions for residential use in the commercial zoning district, and identified some of them from a City zoning map. Bennett Boucher, City Manager, added that City Council was looking at preserving commercial areas on A1A, and properties along A1A would be the only properties affected. There being no further business for the Board to consider the meeting was adjourned at 8:35 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary 0 20 40 GRAPHIC SCALE IN FEET S.52PEC.3q'00"W 164.62' MAIN DRIVEW Y,I h1ICLE 'EN74L P',4C11,,,,7�7' Astronaut Blvd., Cape Canaveral, Florida Jim Ford, CFA Brevard County Property Appraiser - Map Search 'BUD 6E T RE44Toi 1 ASTrzONAu l $LIJJ7 Special Exception Work Sheet For Vehicle Rental Facility in C-1 zoning district. 0.92 Out Parcel at 8959 Astronaut Blvd., Cape Canaveral, FI. http://www.brevardpropertyappraiser. com/scri pts/esrimap. dll?name=B revard 1 &i d=2005080... 8/4/2005 SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY OUT PARCEL 1 POINT OF COMMENCEMENT INTERSECTION OF NORTH LINE OF SOUTH 3316.80 FEET OF SECTION /5 & WESTERLY RIGHT OF WAY LINE OF STATE ROAD A-1—A N. UNE OF S. 3316.80' OF SECTION- 15 O� POINT OF BEGINNING N.E. CORNER OF OFFICIAL RECORDS BOOK 5288, PAGE 2198 S.8978'37":. 269.86' 4), gu% 9%` lt, c5;73.. .p SUBJECT PARCEL 9,9 �` �O CONTAINING 0.92 ACRES, MORE OR LESS .o • vv ysi /\ EXHIBIT "A" F SHEET 1 OF 2 LLE \ ngineering, Inc. S.7 SURVEYORS - ENGINEERS 106 DIXIE LANE COCOA BEACH, FLORIDA 32931 TELEPHONE: (321)783-7443 - FAX: (321)783-5902 IIEBSffE: www.alleneng.net - EMAIL: infoOalleneng.net 3. 2. ti 0 15 30 60 GRAPHIC SCALE SEE SHEET 2 FOR DESCRIPTION, SURVEYOR'S CERTIFICATION Et NOTES 1. DATE: 1-31-05 DRAWN BY: DJG JOB NO, 030025 SCALE: 1 "=60' PREPARED AND CERTIFIED FOR: A 1A ACQUISITION GROUP. Ltd., L.L.P. DESCRIPTION NOT A BOUNDARY SURVEY DESCRIPTION: OUT PARCEL 1 A portion of those lands described in Official Records Book 5288, Page 2198, of the Public Records of Brevard County, Florida, lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida, being more particularly described as follows: Commence at the intersection of the North line of the South 3316.80 feet of said Section 15 and the Westerly right of way line of State Rood A-1-A (o 100.00 foot wide right of way); thence S3721 ' 10 "E, along said Westerly right of way line, a distance of 506.75 feet, to the Northeast corner of said lands and the POINT OF BEGINNING of the herein described parcel; thence continue, S3721 ' 10 "E, along said Westerly right of way line, a distance of 109.02 feet; thence S52'39'001W, a distance of 164.62 feet; thence S79'42'15'W, a distance of 54.35 feet; thence N3721'00"W, a distance of 249.97 feet, to the North line of said lands; thence S89'2837 E, along said North line, a distance of 269.86 feet, to the POINT OF BEGINNING; Containing 0.92 acres, more or less. SURVEYOR'S NOTES: 1. THIS IS NOT A SURVEY. 2. The bearings shown hereon are based on a bearing of S37'21'10"E, along Westerly right of way line. 3. • = Denotes change in direction (no corner found or set). SEE SHEET 1 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION EXHIBIT "A" SHEET 2 OF 2 LLEN ngineering, Inc. SURVEYORS - ENGINEERS 106 DIXIE LANE COCOA BEACH, FLORIDA 32931 TELEPHONE: (321)783-7443 - FAX: (321)783-5902 NEBSITE: www.alleneng.net - EMAIL: info®alleneng.net 3. SURVEYOR'S CERTIFICATION: I hereby certify that the attached Property Description was prepared under my direction, in accordance with all applicable requirements of the "Minimum Technical Standards," for land surveying in the State of Florida, described in Chapter 61G17-6, Florida Administrative Code, pursuant to Chapter 472.027, Florida Statutes. ALL Not valid without the signature and the originol ' : ER 7' ALMON raised seal of a Florida Professio `al Surveyor & Mapper licensed surveyor and mapper. Florida Registration No. 4262 2. 1. JOB NO. 030025 DATE: 1-31-05 PREPARED AND CERTIFIED FOR: A 1 A ACQUISITION GROUP. Ltd., L.L.P. LEGAL DESCRIPTION LOTS 9 10 AND 11, BLOCK 25. AVON BY— THE SEA AS RECORDED IN PLAT BOOK 3, PAGE 7, PUBLI C RECORDS OF BREVARD COUNTY, FLORI DA . . • • 1 e� .oA r1 r ,1 1 A 1 ?J 1 �1 �1 cn i1> t �a t ' t ! z 0 �o .% LTI z a 11 O D 2 ' I O o I � • 1 O . ! v ' Z c t. ! O O m' z M m "t7 D W 0 m iV m 0 X OD ,0. z �: i r m 0 0 I � O N 0 z LT1 < to i r ' SCREENED PORCH © 0 A N w qs (n 81 .6 O O O r IV 0 0 O 7� O c 156994 tDo0,To c cm 150s t PLAT) ONE S T OR CONCRETE— I ( 3807) SET N 0.5 REBAR 1 49. 80 t MEAS. m N8$` 2' 0' E q---- QSTEEL POLE .o • m 6' WOODEN . FENCES FOUND 2' IRON PIPE V RESTAURANT ^� 23 . A MOON HUT SIGN D av 1 STORY BLOCK BUILDING X : . z ' HIV � s.� +r s ,.0 D p m i) O IV QR"MC $CAL$ i, SET N0.5 REBAR _ — ( 3807) 149.90 t MEAS) S88* 2' 4 1 ' W SET N0, 5 REBAR 150. 00 (PLAT) t 387) SIGNAL POLE 4.2' X 4.2' CONCRETE BASE ' JACKSON AVENUE w�. �• ���w�— r�- ���w�w. ��— r�wrw+ �w��w�. w�w��r�—.. �—. r. ��— �w�— ��w��f�.. r. �. ��w�. r. ����w�. ���. r. ��� .�.����- ���...i•�s�n��.�.�gwi. �.����w.��.���.��r ( 48 FOOT RIGHT —OF —WAY ) • SURVEYOR' S NOTES : 1. FLOOD ZONE ' X' PER F. I. R. M. MAP NOs 1200900313E 1. — — 1 1 7 97. 2. SUBJECT TO EASEMENTS AND /OR RIGHTS —OF —WAY OF RECORD, C 0 D. 3. BEARINGS DEPICTED HEREON REFER TO STATE ROAD DEPARTMENT E RTMENT PUBLI SHED DATA, 4. FIELD SURVEY PERFORMED 6-09-93 AND UPDATED 11 5s NO ENCROACHMENTS NOTED AT TIME OF SURVEY, 6. NOT VALID UNLESS EMBOSSED WITH SURVEYOR'S IMPRESSION ESSION SEAL. .- * LEGEND O FOUND 4 CONCRETE MONUMENT ■ SET ' A44 CONCRETE MONUMENT O FOUND 2' IRON PIPE ® SET 0 5 REBAR -4 TRANSFORMER DIRECTION OF FLOW r NAVIGATION AID �► MARSH BENCH MARK , GUY WIRE AM ):� LIGHT POLE f POWER POLE ® HAND HOLE STORM DRAIN MANHOLE ❑ CAI LH BASIN Q SANITARY SEWER MANHOLE 0 COMMUNICATION MANHOLE ® GATE VAVLE ! ELECTRIC MANHOLE t^r FIRE HYDRANT SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY THAT THE SURVEY DEPICTED HEREON IS TRUE AND MEETS THE MINIMUM TECHNICAL STANDARDS ACCORDING TO CHAPTER 61 G1 7- 6 FLORI DA ADMI NI STRATI VE CODE PLRSUANT TO FLORI DA STATUTES 177 AND 472. WK V. POWELt P. L. S. N0. 2787 STATE OF FLORIDA BEACH MAPPING AND SURVEYING 8010 NORTH ATLANTIC AVENUE SUITE 12 P.O. BOX 542 CAPE CANAVERAL, FLORIDA 3 4020 PHONE 321 - 783 -4174 FAX 321.783 -1058 I MPROVEMENT SURVEY Q6H "1 0 ` _ 20' APPROVE BY= DRAWN BYi V. ATE: REVISED BY: 11-05 -03 THE MOON HUT AVON- BY- THE SEA SHEET 1 OF 1 I DRAWL NO NO. 93 -183 ies by: CANTECH INC. *321 783 - 1473* 7980 N. Atlantic Ave., Cape Canaveral, FL 32920 www.cantechinc.com I PLAT OF SURVEY PREPARED FOR AND CERTIFIED T0: VINCENT E. KEENAN & COASTAL BANK & FIDELITY NATIONAL TITLE INSURANCE COMPANY r oq ' SCREENED PORCH 50.27 CONCRETE SIOEWALK 17.89 (n 81 .6 IV i O 16.7 m ONE S T OR CONCRETE— I BLOCK STRUCTURE & ALUMINUM D V RESTAURANT ... •... No. 7802) D av . . , m 62.8 r n • 5 CONCRETE WALK I Zola ' .. , o� ASPHALT PARKI NG m O IV QR"MC $CAL$ i, SET N0.5 REBAR _ — ( 3807) 149.90 t MEAS) S88* 2' 4 1 ' W SET N0, 5 REBAR 150. 00 (PLAT) t 387) SIGNAL POLE 4.2' X 4.2' CONCRETE BASE ' JACKSON AVENUE w�. �• ���w�— r�- ���w�w. ��— r�wrw+ �w��w�. w�w��r�—.. �—. r. ��— �w�— ��w��f�.. r. �. ��w�. r. ����w�. ���. r. ��� .�.����- ���...i•�s�n��.�.�gwi. �.����w.��.���.��r ( 48 FOOT RIGHT —OF —WAY ) • SURVEYOR' S NOTES : 1. FLOOD ZONE ' X' PER F. I. R. M. MAP NOs 1200900313E 1. — — 1 1 7 97. 2. SUBJECT TO EASEMENTS AND /OR RIGHTS —OF —WAY OF RECORD, C 0 D. 3. BEARINGS DEPICTED HEREON REFER TO STATE ROAD DEPARTMENT E RTMENT PUBLI SHED DATA, 4. FIELD SURVEY PERFORMED 6-09-93 AND UPDATED 11 5s NO ENCROACHMENTS NOTED AT TIME OF SURVEY, 6. NOT VALID UNLESS EMBOSSED WITH SURVEYOR'S IMPRESSION ESSION SEAL. .- * LEGEND O FOUND 4 CONCRETE MONUMENT ■ SET ' A44 CONCRETE MONUMENT O FOUND 2' IRON PIPE ® SET 0 5 REBAR -4 TRANSFORMER DIRECTION OF FLOW r NAVIGATION AID �► MARSH BENCH MARK , GUY WIRE AM ):� LIGHT POLE f POWER POLE ® HAND HOLE STORM DRAIN MANHOLE ❑ CAI LH BASIN Q SANITARY SEWER MANHOLE 0 COMMUNICATION MANHOLE ® GATE VAVLE ! ELECTRIC MANHOLE t^r FIRE HYDRANT SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY THAT THE SURVEY DEPICTED HEREON IS TRUE AND MEETS THE MINIMUM TECHNICAL STANDARDS ACCORDING TO CHAPTER 61 G1 7- 6 FLORI DA ADMI NI STRATI VE CODE PLRSUANT TO FLORI DA STATUTES 177 AND 472. WK V. POWELt P. L. S. N0. 2787 STATE OF FLORIDA BEACH MAPPING AND SURVEYING 8010 NORTH ATLANTIC AVENUE SUITE 12 P.O. BOX 542 CAPE CANAVERAL, FLORIDA 3 4020 PHONE 321 - 783 -4174 FAX 321.783 -1058 I MPROVEMENT SURVEY Q6H "1 0 ` _ 20' APPROVE BY= DRAWN BYi V. ATE: REVISED BY: 11-05 -03 THE MOON HUT AVON- BY- THE SEA SHEET 1 OF 1 I DRAWL NO NO. 93 -183 ies by: CANTECH INC. *321 783 - 1473* 7980 N. Atlantic Ave., Cape Canaveral, FL 32920 www.cantechinc.com I PLAT OF SURVEY PREPARED FOR AND CERTIFIED T0: VINCENT E. KEENAN & COASTAL BANK & FIDELITY NATIONAL TITLE INSURANCE COMPANY r oq